By Lawrence A. Greenfeld

Marianne W. Zawitz

BJS Statisticians

What are weapons offenses?

Weapons offenses are violations of

statutes or regulations that control

deadly weapons. Deadly weapons

include firearms and their ammunition,

silencers, explosives, and certain

knives. About 2% of arrests nationwide in 1993 were for weapons

offenses.

All States, some localities, and the

Federal Government have criminal

laws concerning deadly weapons, 

including restrictions on their 

 possession

 carrying

 use

 sales or trafficking

 manufacturing

 importing and exporting. 

Many of these laws are specific to firearms. For example, in 1994 all States

and the District of Columbia had 

statutes concerning the carrying of firearms; some required permits to carry a

concealed weapon, and some prohibited open carrying of firearms. 

Federal law regulates the importation, 

manufacture, and distribution of firearms; bans certain firearms such as

machine guns and semiautomatic assault weapons; and prohibits the sale 

of some firearms to restricted classes

of people, including convicted felons

and juveniles.

How many arrests for weapons 

offenses are made annually?

The FBI's Crime in the United States,

1993, estimated that State and local

law enforcement agencies made

262,300 arrests in which a weapons 

offense was the most serious charge. 

From 1974 to 1993, the number of arrests for weapons offenses increased

54%, while the total number of arrests

for all crimes increased 55%. The proportion of all arrests that were for

weapons offenses remained fairly 

constant during the period. The 

number of violent offenses (murders,

robberies, and aggravated assaults)

committed with a firearm increased

78%. 

Bureau of Justice Statistics

Selected Findings 

 Weapons arrestees are predominantly male, age 18 or over, and

white. However, weapons arrest

rates per 100,000 population are

highest for teens and for blacks.

page 2

 Arrests of juveniles comprise an 

increasing proportion of weapons 

arrests. page 3

 The number of Federal weapons offenses investigated and prosecuted

has increased at least 4-fold since

1980. page 4

 Average prison sentence lengths

for Federal weapons offenders have

increased, while those for State offenders have decreased. page 5

 Of the defendants in felony weapons cases in the 75 largest counties

in 1992, two-fifths were on probation,

parole, or pretrial release at the time

of the offense, and a third had 

previously been convicted of a felony.

page 5

 Weapons offenders are making up

an increasing proportion of admissions to State and Federal prisons.

page 5

 Although many more offenders are

admitted to Federal prison for drug

offenses than for weapons offenses, 

from 1985 to 1992 the rate of increase in admissions of weapons offenders was 4 times greater than the

rate of increase of drug offenders.

page 6

 Weapons charges as an addition to

other charges are more common at

the Federal level than the State level.

page 7

This report is the second in a series on firearms,

crime, and criminal justice. The first report in

the series, Guns Used in Crime (NCJ-148201,

July 1995), includes definitions of commonly

used firearm terms. 

Highlights

U.S. Department of Justice

Office of Justice Programs

November 1995, NCJ-155284 

Firearms, crime, and criminal justice

Weapons Offenses and Offenders
Who is arrested for weapons

offenses?

Of those persons arrested by State

and local agencies for weapons 

offenses in 1993 

 92% were males

 77% were age 18 or over

 55% were white. , 

Weapons arrest rates are 5 times

greater for blacks than for whites

Most arrests for weapons offenses 

were made in cities

Most arrests for all types of offenses

are made in urban areas; however,

weapons offense arrests are more

likely to occur in urban areas. 

Of all arrests for weapons offenses,

20% were of juveniles in cities.

Percent of persons arrested

for weapons offenses

Race Total

Age 18 

or over

Under

age 18

 Total 100.0% 76.6% 23.4%

White 55.4 41.0 14.4

Black 43.0 34.4 8.5

Asian or 

 Pacific Islander 1.1 .8 .3

American Indian 

 or Alaskan Native .5 .4 .1

Source: FBI, Crime in the United States, 1993,

December 1994.

Weapons offense arrests

per 100,000 population

Race Total

Age 18 

or over

Under 

age 18

 Total 105 109 94

White 70 69 73

Black 362 430 221

Other 40 41 37

Source: FBI, Uniform Crime Reports, 

1993 preliminary arrest data adjusted 

to reporting populations.

Percent of 1993 arrests

Place of

occurrence

All

arrests

Weapons 

offense arrests

Urban 77% 81%

Suburban 16 14

Rural 8 5

Source: FBI, Crime in the United States,

1993, December 1994.

2 Weapons Offenses and Offenders

Weapons offense arrest rates vary by State

After 1965, arrest rates for weapons offenses more than doubled

Sources: FBI, Uniform Crime Reports, Age-specific Arrest Rates and Race-Specific Arrest Rates 

For Selected Offenses, 1965-1992, December 1993; and FBI, Crime in the United States, 1993, 

December 1994.

Weapons offense arrest rates 

per 100,000 population

0

50

100

1965 1970 1975 1980 1985 1990 1993

1993 weapons offense arrest rates per 100,000 population by State

State Rate State Rate State Rate

District of Columbia 301 Michigan 107 Alabama 67

Missouri 199 Kentucky 106 Minnesota 61

Wisconsin 165 Maryland 104 Rhode Island 60

Georgia 149 New York 102 Hawaii 60

Louisiana 142 Ohio 97 Indiana 59

Nevada 141 New Jersey 94 Idaho 52

Colorado 140 Kansas* 94 Pennsylvania 49

Texas 139 Oklahoma 91 South Dakota 41

Mississippi 135 Utah 85 Massachusetts 35

California 135 Oregon 81 Wyoming 31

North Carolina 132 Nebraska 78 Delaware 30

Tennessee 131 West Virginia 77 Iowa 30

Virginia 129 South Carolina 77 North Dakota 25

Arkansas 126 Washington 75 Maine 23

Connecticut 116 Illinois* 75 New Hampshire 16

Arizona 114 New Mexico 71 Montana 12

Alaska 107 Florida 68 Vermont 1

*1993 arrest data were not available for these States. 

An average of their 1991 and 1992 rates was used.

Source: FBI, Crime in the United States, 1993, December 1994.

Weapons arrest rates

 0 to 50

 50 to 100

 100 to 150

 150+
Arrests of juveniles comprise 

an increasing proportion of 

weapons offense arrests

Juveniles accounted for 16% of those

arrested for weapons offenses in 1974

and 23% in 1993. Between 1985 and

1993, the number of juvenile arrests

for weapons offenses increased by

more than 100%, from just under

30,000 to more than 61,000; at the

same time, adult arrests grew by 33%.

Older teens have the highest 

weapons offense arrest rates

Among all age and gender groups,

males at age 18 have the highest 

per capita arrest rates for weapons

offenses.

Juveniles are subject to additional

weapons restrictions in many 

jurisdictions 

Both the States and the Federal Government have jurisdiction over the possession of firearms by juveniles.

At the Federal level, the Youth Handgun Safety Act of 1994 prohibits the

possession of handguns by anyone

under age 18 and provides criminal

sanctions of up to 10 years in prison

for anyone convicted of providing a

handgun to a person under age 18.

There are a number of exceptions to

the prohibition including possession for

employment, for hunting, and for firearm safety training. Prior to enactment

of this law, Federal firearms licensees

were prohibited from selling handguns

to anyone under age 21 and rifles and

shotguns to anyone under age 18.

However, the earlier Federal law did

not prohibit the sale of firearms to juveniles by unlicensed persons and did

not prohibit the possession of any type

of firearm by juveniles.

 

According to a 1994 study of State

laws by the National Criminal Justice

Association, all 50 States and the District of Columbia have firearms laws

that specifically apply to juveniles. 

In addition 

 half the States prohibit or restrict a

juvenile's possession of firearms without some form of parental or adult 

supervision or permission

 24 States explicitly prohibit or restrict

a juvenile's possession of a handgun.

The ages covered by firearms restrictions on juveniles vary; in some States

the laws apply to persons under age

16, and in others, to persons under 

age 21. 

More than two-thirds of the States

have enacted general prohibitions

against the possession of a firearm in

or near a school or similar facility, such

as a daycare center.

How many delinquency cases 

involving weapons offenses are

handled by the juvenile courts? 

Juveniles who commit criminal law 

violations are handled by the juvenile

justice system in delinquency cases.

Adults who commit the same acts are

prosecuted in the criminal courts. In

1992 juvenile courts processed an 

estimated 41,000 delinquency cases

(about 3% of those processed) in

which the most serious offense involved weapons. Between 1988 and

1992, the number of delinquency

cases involving weapons grew 86%,

more than any other offense type. 

1993 weapons offense arrest

rates per 100,000 population

Age group Males Females

12 or under 15.2 2.1

13-14 350.9 47.7

15 607.8 56.1

16 793.9 59.4

17 857.8 50.7

18 1,007.0 48.6

19 826.5 42.0

20 683.7 36.2

21 630.4 39.2

22 601.2 38.7

23 546.5 43.3

24 447.7 36.7

25-29 317.0 30.0

30-34 210.5 24.6

35-39 153.9 18.6

40-44 108.4 11.7

45-49 82.2 8.3

50-54 60.2 5.5

55-59 40.7 3.0

60-64 26.6 1.4

65 or over 14.6 .9

Source: FBI, Uniform Crime Reports, 

1993 preliminary arrest data adjusted 

to reporting populations.

 Weapons Offenses and Offenders 3

For teenage males, arrest rates for weapons offenses

rose dramatically since the mid-1980's

Sources: FBI, Age-Specific Arrest Rates and Race-Specific Arrest Rates for Selected Offenses,

1965-1992, December 1993, and FBI, Uniform Crime Reports, 1993 preliminary arrest data and 

1993 population estimates from the U.S. Bureau of the Census adjusted to reporting populations.

18 years old

Arrest rates for weapons violations

0

250

500

750

1,000

17

19 

16 

15 

13-14 

1965 1970 1980 1990 1993
The National Center for Juvenile Justice reported that of the weapons offense cases involving juveniles that

were disposed of in 15 States in 1992,

57% were handled formally (petitioned)

by juvenile courts. Of those weapons

cases petitioned, 63% were formally

adjudicated by the court. Of the adjudicated weapons cases, about 31% resulted in an out-of-home placement,

56% resulted in probation, 6% received

other sanctions, and 6% were

dismissed.

Some juveniles may be prosecuted

for weapons offenses in criminal

court

In some States, some juveniles

charged with selected offenses may be

prosecuted in criminal court. Juveniles

come under criminal court jurisdiction

in one of three ways:

statutory exclusion where the State

law specifically excludes certain offenses from juvenile court jurisdiction

prosecutorial discretion where the

prosecutor may file certain juvenile

cases in either juvenile or criminal

court

judicial waiver where a juvenile court

judge may waive jurisdiction and transfer the case to criminal court.

According to the Office of Juvenile

Justice and Delinquency Prevention's

Juvenile Offenders and Victims: 

A National Report, the provisions 

used vary by State: 

 Cases involving juveniles accused 

of a weapons offense are excluded 

by statute from the juvenile court in 

four States; at age 15 in Illinois and at

age 16 in Indiana, Maryland, and Oklahoma. 

 Prosecutors may decide whether to

prosecute juveniles of a minimum age

for any criminal offense in three States

and for weapons offenses in two

States (Colorado and Florida). 

 Judges have discretion to transfer

any case that involves a juvenile of 

a minimum age to adult court for any

criminal offense in 23 States and for

any felony charge in 25 States. Such

authority is provided to judges specifically in weapons cases involving 

juveniles in six States (Arkansas,

California, the District of Columbia,

Montana, New Jersey, and New

Mexico). 

According to the BJS National Judicial

Reporting Program, an estimated 640

persons under age 18 were convicted

as adults of felony weapons offenses

in State criminal courts in 1992. 

Most defendants charged with

weapons offenses are released

pending trial

In 1992, 71% of the defendants

charged with felony weapons offenses

in the Nation's 75 largest counties

were released prior to trial. The remainder included 4% held without bail

and 25% held although bail had been

set. Of all weapons defendants, 28%

were granted a nonfinancial release including 18% released on personal

recognizance.

Federal courts in 1990 released 80%

of the felony weapons offense defendants prior to trial. The remainder included 16% held without bail and 5%

held although bail had been set. Of 

all weapons defendants, 60% were

granted a nonfinancial release including 15% released on personal

recognizance.

How many felony weapons defendants had a criminal justice status 

or prior criminal history at the time

of the offense?

According to Felony Defendants in

Large Urban Counties, 1992, 42% of

the felony weapons defendants had a

4 Weapons Offenses and Offenders

The number of Federal weapons offenses investigated 

and prosecuted has increased since 1980

Sources: BJS, Federal Criminal Case Processing, 1980-87, NCJ-120069, May 1990; BJS,

Federal Criminal Case Processing, 1980-90, NCJ-136945, September 1992; BJS, Federal 

Criminal Case Processing, 1982-91, with Preliminary Data for 1992, NCJ-144526, November 1993; 

and BJS, Compendium of Federal Justice Statistics, 1992, NCJ-148949, forthcoming.

1980 1982 1984 1986 1988 1990 1992

0

2,500

5,000

7,500

Investigated

Prosecuted

Number of weapons offense suspects 

in matters concluded by the U.S. attorneys

 In 1992 U.S. attorneys investigated

7,971 suspects and prosecuted

5,613 suspects who had a Federal

weapons violation as their most serious offense. Between 1980 and

1992, the number investigated increased 4-fold, and the number

prosecuted increased 5-fold.

 The proportion of all suspects investigated and prosecuted by U.S.

attorneys and whose most serious

charge was a weapons offense more

than doubled from 1980 to 1992,

growing from 3% to 7% of all investigations and from 3% to 8% of all

prosecutions.

 Increases in the number of Federal

investigations and prosecutions for

weapons offenses may have been

due to new Federal statutes enacted

during the last decade. For example,

the Omnibus Drug Initiative Act of

1988 added several provisions prohibiting the acquisition or transfer of

firearms in furtherance of drug trafficking crimes, and the Crime Control

Act of 1990 added several provisions, including a prohibition on 

assembling from imported parts any

rifle or shotgun that may not legally

be imported into the United States.
criminal justice status at the time 

of the offense including 

 17% on probation 

 10% on parole 

 14% on pretrial release. 

Of the felony weapons defendants,

34% had at least one prior felony conviction, and 17% had at least one misdemeanor conviction. Of those felony

weapons defendants with a history of

felony convictions, more than half had

two or more such convictions. Convicted felons and, in some States,

some misdemeanants are prohibited

from possessing guns or other deadly

weapons. 

How many cases with a weapons

offense as the most serious charge

result in a conviction?

Few weapons arrests (an estimated

11%) result in a felony conviction.

Some people arrested for weapons 

offenses are charged with misdemeanors rather than felonies. 

Felony Defendants in Large Urban

Counties, 1992, reported that 68% 

of weapons defendants charged with a

felony were convicted: 55% for a 

felony and 13% for a misdemeanor.

Of those convicted of a weapons 

offense, 93% pleaded guilty.

At the Federal level in 1992, about

84% of weapons cases resulted in a

conviction. Of the 3,177 convicted 

of a Federal weapons offense, 85%

pleaded guilty.

In both 1990 and 1992, weapons 

offenses accounted for about 3% 

of felony convictions in State courts

nationwide. In 1992, for 6% of all

those convicted in Federal district

court, their most serious conviction 

offense was a weapons offense. 

Where do felony weapons offense

convictions occur?

Most felony convictions occur in State

courts. Of all felony convictions in

1990, State courts accounted for 96%

and Federal courts for 4%. Most felony weapons convictions also occurred

in State courts (90%). While the Federal courts account for about 4% of all

felony convictions nationwide, about

10% of felony convictions for weapons

violations occur in Federal court.

Who is convicted of felony 

weapons offenses?

Of those convicted of State felony

weapons offenses in 1992 

 96% were male

 60% were black

 half were age 27 or under.

What kinds of sentences are given

to offenders convicted of weapons

offenses?

In 1992, two-thirds of the estimated

26,000 offenders convicted in State

courts of felony weapons offenses

were sentenced to incarceration: 40%

to prison and 26% to jail. About a third

were sentenced to probation. The average sentence length given to weapons offenders was approximately  

 4 years for those sentenced to prison

 6 months for those sentenced to jail

 3 years for those sentenced to

probation.

Felony weapons offenders sentenced

to prison were almost twice as likely as

those receiving jail or probation terms

to have had multiple conviction

offenses.

Of all offenders convicted of felony

weapons offenses, some had additional sanctions attached to their sentences including  14% who were fined

 7% who had to pay restitution

 5% who were sentenced to community service

 4% who were sentenced to

treatment.

The additional penalty may have resulted from a secondary conviction 

offense in addition to the more serious

weapons conviction.

Among convicted weapons offenders

sentenced in Federal court in 1992,

86% were imprisoned, and 21% 

received probation. Less than 1% 

received a sentence of a fine only. 

Average sentence length increased

for weapons offenders admitted to

Federal prison and decreased for

those admitted to State prison 

Between 1985 and 1992, State prison

sentences for weapons offenders declined nearly a year to an average of

less than 4 years. Over the same period, average sentences to prison for

Federal weapons offenders increased

by almost 3 years to almost 61⁄2 

years. 

Weapons offenders comprise an 

increasing proportion of admissions to State and Federal prisons

Average sentence length 

for weapons offenders 

admitted to prison

Year State Federal 

1985 56 months 42 months

1986 53 45

1987 54 53

1988 53 52

1989 50 47

1990 47 47

1991 48 63

1992 45 77

Sources: BJS, National Corrections Reporting

Program, 1985 through 1992; BJS, Prisoners 

in 1993, Bulletin, NCJ-147036, June 1994; and

BJS, Federal Criminal Case Processing,

1982-91, with Preliminary Data for 1992,

NCJ-144526, November 1993.

Prison admissions for weapons offenses

State Federal 

Year Number

Percent of

admissions Number

 Percent of

 admissions

1985 3,296 1.8% 1,003 4.9%

1986 3,253 1.6 1,174 5.1

1987 3,836 1.7 1,188 5.0

1988 4,661 1.9 1,262 5.4

1989 5,957 2.0 1,647 6.0

1990 6,138 1.9 1,894 6.6

1991 7,296 2.3 2,632 8.6

1992 8,023 2.4 3,426 10.2

Sources: BJS, National Corrections Reporting

Program, 1985 through 1992; BJS, Prisoners 

in 1993, Bulletin, NCJ-147036, June 1994; 

and BJS, Federal Criminal Case Processing,

1982-91, with Preliminary Data for 1992,

NCJ-144526, November 1993.

 Weapons Offenses and Offenders 5
Many State and Federal laws concerning weapons offenses provide

for mandatory prison terms and

sentence length enhancements

According to the report National

Assessment of Structured Sentencing,

prepared for the Bureau of Justice 

Assistance, 41 States have mandatory

minimum sentences to prison for certain weapons offenses such as using 

a firearm in the commission of a felony. Also, some State statutes permit

judges to enhance or lengthen an offender's sentence for a crime committed with a deadly weapon. Marvell and

Moody reported that such statutes

were in force in 20 States as of 1992. 

Federal law concerning the use of firearms provides for both sentencing enhancements and mandatory minimums

and includes 

 the Armed Career Criminal Act enacted in 1984, and amended in 1986,

which provides enhanced penalties for

persons who are convicted of possessing firearms and have three previous

State or Federal convictions for violent

felonies or serious drug offenses

 the 1986 amendments to the Firearms Owners Protection Act which imposes mandatory penalties for the use

or carrying of firearms in the commission of drug trafficking crimes.

Are admissions to prison for 

weapons offenses growing as 

rapidly as those for drug offenses?

In recent years, drug offenders made

up an increasing proportion of admissions to prison and accounted for a

large share of the overall growth in the

prison population. Weapons offenders

make up a much smaller proportion of

prison admissions than drug offenders,

but their proportion of all admissions

has also grown. 

At the State level, admissions for drug

offenses grew faster than those for

weapons offenses, but at the Federal

level the opposite was true:

 Among those entering State prisons,

the number of weapons offenders increased more than 140% between

1985 and 1992, compared to about a

300% increase in the number of drug

offenders. 

 Over the same years, the number of

Federal offenders imprisoned for drug

offenses increased just over 60%,

while the number of Federal weapons

offenders imprisoned increased 4

times as fast, growing about 240%. 

State prisons hold more weapons

offenders than Federal prisons, but

weapons offenders are more prevalent in Federal prisons

In 1991 two simultaneous surveys, 

the Survey of Inmates in State Correctional Facilities and the Survey of Inmates in Federal Correctional

Facilities, revealed that weapons offenders were about 3 times as prevalent in the Federal prison population 

5.7% of Federal prisoners and 1.8% of

State prisoners were serving time after

conviction for a weapons offense.

However, State prisons held about 4

times as many convicted weapons offenders as Federal prisons; in 1991 an

estimated 12,700 weapons offenders

were in State prisons, and 3,100 were

in Federal prisons.

Average time served in prison 

is similar for State and Federal

weapons offenders

Federal weapons offenders released 

in 1992 had served an average of 4

months longer in confinement than

those released in 1985. By contrast,

released State weapons offenders in

1992 served about 1 month longer

than those released in 1985. 

 Average (mean) time 

 releasees served in prison

Year State* Federal 

1985 21 months 19 months 

1986 25 19

1987 25 20

1988 23 21

1989 24 21

1990 24 21

1991 23 21

1992 22 23

*Includes an average of 5 months 

of jail credit against the sentence.

Sources: BJS, National Corrections Reporting

Program, 1985 through 1992, and BJS, Federal

Criminal Case Processing, 1982-91, with Preliminary Data for 1992, NCJ-144526, November

1993.

6 Weapons Offenses and Offenders

What are the characteristics of weapons offenders 

in State and Federal prisons?

 In both State and Federal prisons, weapons 

offenders were predominantly male. 

 Weapons offenders in State prison were more

likely than those in Federal prison to be black 

or Hispanic. 

 While few weapons offenders in prison were not

U.S. citizens, State prisoners were more likely

than Federal prisoners to be U.S. citizens.

 Most State and Federal weapons offenders in

prison had a prior criminal history, but State offenders were more likely than Federal offenders

to have a history of prior violence.

Sources: BJS, Survey of Inmates in State Correctional Facilities, 1991, 

and BJS, Survey of Inmates in Federal Correctional Facilities, 1991.

Prisoners convicted 

of a weapons offense

Characteristic State Federal 

Sex

 Male 99% 97%

 Female 1 3

Race/ethnicity

 White 24% 47%

 Black 56 35

 Hispanic 19 13

 Other 2 5

Citizenship

 U.S. 97% 92%

 Non-U.S. 3 8

Criminal history

 No 10% 25%

 Yes 90% 75%

 Prior violence 44 28

 No prior violence 46 47

Total 12,700 3,100
In 1991, 60% of weapons offenders 

in State prison were on probation 

or parole at the time of admission 

According to the 1991 Survey of Inmates in State Correctional Facilities,

46% of those in prison were probation

or parole violators, including 35% who

were convicted of a new offense and

10% who had technically violated the

conditions of their release. In State

prisons, about 2% of all probation violators and parole violators were admitted for a weapons offense. 

Federal law and many State laws prohibit convicted felons from possessing

guns. In some States, such prohibitions also apply to some misdemeanants. Although 14% of all violators

(35,000) reported being armed when

they committed their current offense, 

1 out of 5 of them (7,000) were actually convicted of a weapons violation.

Probation and parole conditions of 

release often prohibit offenders from

possessing firearms or deadly weapons. Technical violations of the 

conditions of release may result in

revocation of probation or parole. Less

than 1% of the violators in prison were

there because their probation or parole

was revoked for a technical violation

involving weapons.

Weapons offense charges may 

accompany more serious charges

When a weapon is used or possessed

during the commission of a crime, the

defendant may be charged with a

weapons offense in addition to the primary criminal charge. The Congress

and many State legislatures have

passed laws that target armed offenders with additional sanctions including

mandatory minimum terms in prison 

or enhancements to the length of the

prison sentence imposed. 

Additional weapons charges 

in cases brought in State courts 

are uncommon

In general, most offenders are not

charged with or convicted of more than

one felony. Offenses in addition to

more serious charges were present 

for 

 34% of the defendants charged 

with a felony

 21% of convicted offenders

 35% of State prison inmates.

Few defendants or offenders were

charged or convicted of additional

weapons offenses. Weapons offenses

in addition to more serious offenses

were present for 

 2% of the felony defendants 

 1% of convicted offenders

 5% of State prison inmates.

Weapons offenses accompanied 

all types of offenses including

property crimes and drug offenses

Defendants and offenders whose most

serious offense was a weapons offense were more likely than those

charged or convicted of other offenses

to have additional weapons charges or

convictions. 

Defendants or offenders charged or

convicted of the violent crimes of murder, robbery, and aggravated assault

were the next most likely to have additional weapons offenses.

At the Federal level, additional

weapons convictions are more

common than at the State level

Federal Firearms-related Offenses, 

a BJS study of U.S. Sentencing 

Commission data, found that the

2,400 Federal offenders convicted 

of an additional firearms offense 

included  21% of convicted violent offenders

 8% of convicted drug offenders 

 1% of public-order offenders 

 0.4% of property offenders.

Of those convicted of an additional

firearms offense, 82% were convicted

of the use or carrying of a firearm in

the commission of another offense and

10% were convicted of illegally possessing the weapon as a prohibited

person (such as convicted felons,

mental defectives, or illegal aliens).

Ninety-nine percent of the Federal 

offenders convicted of an additional

weapons offense were sentenced 

to prison. Violent offenders convicted

of a firearms charge in addition to 

another offense were sentenced 

to an average of more than 12 years.

Over a third of the sentence length 

imposed for these offenders was 

attributable to the firearms conviction. 

Federal sentencing guidelines also

consider the involvement of deadly

weapons, particularly firearms

Sentences in Federal courts are determined through the application of sentencing guidelines. Two factors  the

seriousness of the offense and the offender's criminal history  determine

what sentence a convicted Federal offender will receive. The presence or

use of a firearm during the commission

of the offense is one measure of seriousness. Even when offenders are 

not convicted of separate firearms 

offenses, they may receive additional

Percent of State offenders with 

a weapons offense in addition 

to another charge

Most serious

offense

Felony 

defendants 

in the 75 

largest 

counties 

in 1992

Felony 

convictions 

in 1992

Inmates 

in State 

prisons 

in 1991

 Total† 2% 1% 5%

Violent

offenses 3% 3% 5%

 Murder 3% 8% 5%

 Rape * * 1%

 Robbery 5% 3% 5%

 Aggravated 

 assault 3% 4% 8%

 Other violent 1% * 2%

Property

offenses 1% * 1%

 Burglary 1% 1% 2%

 Larceny and

 motor vehicle

 theft 1% * 1%

Drug offenses 1% 1% 2%

Weapons 12% 7% 5%

*Less than 0.5%.

†

Includes offenses not displayed in detail.

Sources: Unpublished BJS data from the National Pretrial Reporting Program, the National

Judicial Reporting Program, and the Survey of

Inmates in State Correctional Facilities, 1991.

 Weapons Offenses and Offenders 7
sanctions because the use of a firearm

during the crime increases the sentence recommended under the guidelines or raises the penalty to that for 

an "aggravated offense" class.

According to Federal Firearms-related

Offenses, during the fiscal year ending

on September 30, 1993, 1,786 Federal

offenders received enhanced sentences under the guidelines because of

firearms involvement. Over a quarter

of the Federal offenders convicted of 

a violent crime were given a sentence

enhancement because of firearms involvement. Their sentences increased

by about 19% because of the firearms

involvement. 

Sources

ATF, "Legislation Since 1984 Enhancing ATF's

Law Enforcement Responsibilities," ATF General

Counsel's Office, April 26, 1995.

BJS, Compendium of Federal Justice Statistics,

1992, NCJ-148949, forthcoming.

BJS, Correctional Populations in the United

States, 1992, NCJ-146413, January 1995.

BJS, Federal Criminal Case Processing, 1980-87,

NCJ-120069, May 1990.

BJS, Federal Criminal Case Processing, 1980-90,

NCJ-136945, September 1992.

BJS, Federal Criminal Case Processing, 1982-91,

NCJ-144526, November 1993.

BJS, Federal Firearms-related Offenses, Crime

Data Brief, NCJ-148950, June 1995.

BJS, Felony Defendants in Large Urban Counties,

1992, NCJ-148826, July 1995.

BJS, Felony Sentences in State Courts, 1992,

NCJ-151167, January 1995.

BJS, National Corrections Reporting Program,

1985 through 1992.

BJS, National Judicial Reporting Program, 1992,

unpublished data.

BJS, National Pretrial Reporting Program, 1992,

unpublished data.

BJS, Pretrial Release of Federal Felony Defendants, Special Report, NCJ-145322, February

1994. 

BJS, Pretrial Release of Felony Defendants,

1992, Bulletin, NCJ-148818, November 1994.

BJS, Prisoners in 1993, Bulletin, NCJ-147036,

June 1994.

BJS, Probation and Parole Violators in State

Prison, 1991, Special Report, NCJ-149076,

August 1995.

BJS, Survey of Inmates in State Correctional 

Facilities, 1991, unpublished data.

BJS, Survey of Inmates in Federal Correctional

Facilities, 1991, unpublished data.

Butts, Jeffrey A., et al., Detailed Supplement to

Juvenile Court Statistics 1992, National Center 

for Juvenile Justice, July 1995.

FBI, Age-Specific Arrest Rates and Race-Specific

Arrest Rates for Selected Offenses, 1965-1992,

December 1993.

FBI, Crime in the United States, 1993, 

December, 1994.

Marvell, Thomas B., and Carlisle E. Moody, Jr., 

"The Impacts of Enhanced Prison Terms for 

Felonies Committed with Guns," Criminology,

Vol. 33, No. 2, May 1995, pp. 247-78.

National Council on Crime and Delinquency, 

National Assessment of Structured Sentencing,

prepared for the Bureau of Justice Assistance,

January 1995.

National Criminal Justice Association, Compilation

of State Firearm Codes that Affect Juveniles,

November 1994, prepared for the Office of Juvenile Justice and Delinquency Prevention and the

Bureau of Justice Assistance.

Office of Juvenile Justice and Delinquency Prevention, Delinquency Cases in Juvenile Court,

1992, Fact Sheet #18, July 1994.

Office of Juvenile Justice and Delinquency 

Prevention, Juvenile Offenders and Victims: 

A National Report, NCJ-153569, August 1995.

8 Weapons Offenses and Offenders

This report is part of a series on

firearms and crime that will result in

the publication of a comprehensive

document entitled Firearms, Crime,

and Criminal Justice. Other topics

to be covered in this series include

guns used in crime, how criminals

obtain guns, and intentional firearm

injury. The full report will focus on

the use of guns in crime, trends in

gun crime, consequences of gun

crimes, and characteristics of and

sanctions for offenders who use

guns. This report will not cover the

involvement of firearms in accidents

or suicides.

The Bureau of Justice Statistics 

is the statistical arm of the U.S. 

Department of Justice. Jan M.

Chaiken, Ph.D., is director.

BJS Selected Findings summarize

statistics about a topic of current

concern from both BJS and nonBJS datasets.

Substantial assistance in preparing

this report was provided by Patrick

A. Langan, Robyn L. Cohen, Brian

A. Reaves, Pheny Z. Smith, Tom

Hester, Bruce M. Taylor, and Steven K. Smith of the BJS staff; Joseph Moone of the Office of

Juvenile Justice and Delinquency

Prevention; Melissa Sickmund,

Howard Snyder, and Dennis Sullivan of the National Center for Juvenile Justice; Victoria Major and

Sharon Profiter of the FBI's Uniform

Crime Reports program; and Steve

Rubenstein and Teresa Ficaretta of

the Bureau of Alcohol, Tobacco and

Firearms. Verification and publication review were provided by Ida 

Hines, Priscilla Middleton, Tom 

Hester, Marilyn Marbrook, and

Yvonne Boston of the Bureau of

Justice Statistics.

November 1995, NCJ-155284