SentenceCalc

18 U.S.C. §924(c): the gun charge that runs on top

Using, carrying or possessing a gun during a federal crime of violence or drug trafficking crime is a separate charge under 18 U.S.C. §924(c). It carries a mandatory term that must run consecutively, after every other sentence, and the guidelines simply use that term as the sentence for the count.

Guidelines Manual effective November 1, 2025Updated October 4, 2026

General information about how the guidelines work, written by web developers, not lawyers. It is not legal advice about any case; see the disclaimer.

The mandatory terms

ConductMinimum, served on top
Gun used, carried or possessed5 years
Gun brandished7 years
Gun discharged10 years
Short-barreled rifle or shotgun, or semiautomatic assault weapon10 years
Machinegun, destructive device or silencer30 years
Second §924(c) conviction (after a prior one became final)25 years

Terms as summarized in the U.S. Sentencing Commission's 2024 robbery primer. Since the First Step Act of 2018, the 25-year term applies only when a prior §924(c) conviction was already final, not to multiple counts in the same case.

How the guidelines treat it

  • The guideline sentence is the statutory minimum (§2K2.4(b)). Chapters Three and Four do not apply, so there is no plea reduction and criminal history does not change it.
  • It runs consecutively. The term is added after the sentence for the underlying crime.
  • No double counting. The underlying robbery or drug count does not also get a weapon enhancement for the same gun (§2K2.4, note 4).
  • Career offenders convicted under §924(c) get the greater of two ranges under §4B1.1(c): the range for the other counts plus the §924(c) term, or a table range of 360 months to life, reduced to 292–365 or 262–327 months with acceptance of responsibility.

Example: a bank robbery with a gun shown scores 51–63 months without a §924(c) count. With one, the robbery drops to 30–37 months (no gun enhancement), plus 84 months on top: 114–121 months in total.

Frequently asked questions

Can a §924(c) sentence run at the same time as the other sentence?

No. The statute requires it to be served consecutively to any other term of imprisonment.

Does pleading guilty reduce a §924(c) sentence?

Not below the statutory minimum. Acceptance of responsibility does not apply to the §924(c) count, although a plea can reduce the sentence on other counts, and prosecutors sometimes agree not to bring the charge.

Sources