By John Scalia

BJS Statistician

Between 1992 and 1999, an annual

average of 6,700 defendants were

charged with a firearm offense in U.S.

district courts. The Federal criminal

code regulates who may lawfully

receive or possess firearms, regulates

the manufacture and distribution of

firearms, and penalizes the criminal

use of firearms. A person may be

disqualified from lawfully purchasing or

possessing a firearm if, among other

reasons, the person has been convicted of a felony, is an unlawful user of

controlled substances, or is subject to

a domestic violence restraining order. 

While data describing defendants

charged were incomplete prior to 1992,

available data suggest that firearm

investigations and prosecutions by

U.S. attorneys peaked during 1992.

After 1992 the number of defendants

charged with a firearm offense in U.S.

district courts – either alone or with

another offense – decreased. During

1994, 11% fewer defendants were

charged with a firearm offense than

during 1992. Despite an increase

during 1995, the number of defendants

charged continued to decrease through

1997. During 1998 and 1999 the

number charged increased to 6,728.

Most defendants (85%) charged with a

firearm offense during 1998 were

charged with unlawful possession. 

The number of defendants charged

with a firearm offense decreased,

1992-97, and increased, 1997-99

 ̆ A reason for the decline in firearm

prosecutions was the Supreme

Court’s Bailey decision that limited

prosecutors’ ability to charge defendants with using a firearm during a

violent or drug offense.

 ̆ Following Bailey, the number of

defendants receiving a guideline

enhancement for weapon use

increased 31%.

 ̆ 41% of defendants charged with a

firearm offense were prosecuted in

the 20 most populous Federal judicial

districts; these districts accounted for

about half of all State or local arrests

for violent and drug offenses.

Imposed sentences for a Federal

firearm offense increased from 79

months, on average, to 100 months

 ̆ 85% of firearm defendants were

charged during 1998 with unlawful

possession. Seven percent were

charged with unlawfully receiving or

transferring a firearm.

 

• 8% of defendants were convicted 

of a transfer offense during 1998. 

Of these, 47% were prohibited from

possessing a firearm; 19% were straw

purchasers; 6%, retail dealers; and

28%, others unlawfully selling firearms.

• Defendants convicted of using a

firearm during a crime were sentenced

to serve 92 months, on average, in

addition to the 111 months imposed 

for the predicate offense.

 Highlights

1992 1994 1996 1998

0

2,000

4,000

6,000

8,000

Number of defendants

charged with a firearm offense

1999

Total

Possession

All other

1992 1994 1996 1998

0

20

40

60

80

100

120

Average number of months 

of prison imposed

Federal offenders

whose most serious offense

was a firearm offense

preliminary

U.S. Department of Justice

Office of Justice Programs

Bureau of Justice Statistics

Special Report

With Preliminary Data for 1999

Federal Firearm Offenders,

1992-98

 June 2000, NCJ 180795
Of these defendants, 61% were also

charged with a substantive offense

such as drug trafficking or bank

robbery; 39% were charged with only

the firearm offense. About 40% of

those charged with a possession

offense were disqualified from

possessing a firearm based on their

status as a prohibited person.

Seven percent of those charged 

with a firearm offense during 1998

were charged with unlawfully receiving

or transferring a firearm. Of the 341

defendants convicted of a transfer

offense during 1998, 135 were identified as prohibited persons attempting

to acquire a firearm, and 56 were

identified as “straw purchasers.” Straw

purchasers are persons who buy

firearms on behalf of others without

disclosing that fact on the forms

required by the Bureau of Alcohol,

Tobacco and Firearms. 

This report includes trends from fiscal

year 1992 through 1999. Statistics for

1999 are preliminary, as complete data

for 1999 were not provided in time for

inclusion; final 1999 data are expected

to include additional firearm prosecutions. Detailed analyses are based on

fiscal year 1998 data.

Prosecutorial decisions by U.S.

attorneys

Declinations

Not all suspects in matters reviewed 

by U.S. attorneys are prosecuted in

Federal courts. Between 1990 and

1998 U.S. attorneys declined to prosecute about 31% of those initially investigated for a firearm offense (figure 1). 

Suspects whom the U.S. attorneys did

not prosecute, however, may have

been prosecuted by State authorities 

or on other charges. During 1998

approximately 30% of those declined

for prosecution were referred to other

authorities for prosecution, and 2%

entered a pretrial diversion program

(table 1). For an additional 35%, the

U.S. attorneys determined that either

no crime had been committed (18.1%)

or the evidence was too weak to

support a conviction (17.3%). 

Prosecutions by U.S. attorneys

Types of firearm offenses charged

Based on statutes (appendix table 3,

page 13), Federal firearm offenses 

can be grouped into three broad

categories: 

(1) unlawful possession, 

(2) receipt and transfer, and 

(3) regulatory offenses. 

Between 1992 and 1999 approximately

77% of Federal firearm defendants

were charged with unlawfully possessing a firearm; 8% were charged with

unlawfully receiving or transferring a

firearm; and 1% were charged with

regulatory offenses associated with 

the distribution of firearms (table 2). 

In addition, 12% of defendants were

charged with other firearms-related

offenses & primarily State-level

offenses adopted pursuant to the

Assimilated Crimes Act (18 U.S.C. §

13) and prosecuted in Federal courts.

Unlawful possession of firearms

The Federal criminal code includes

more than a dozen statutory provisions

that regulate the lawful possession or

use of firearms (appendix table 3). A

person is prohibited from purchasing

or possessing a firearm if the person – 

• is under indictment for, or has been

convicted of, a crime punishable by

imprisonment for more than 1 year

• is a fugitive from justice

Note: Statistics represent any offense charged. In other BJS reports, 

some of these defendants may have been categorized differently based on the 

most serious offense charged, as determined by potential sentence length. a

"Other” violations are primarily State offenses prosecuted in U.S. district 

courts pursuant to the Assimilated Crimes Act (18 U.S.C. ˆ13). Court records 

contain no information describing the nature of these offenses. b

Statistics for 1999 are preliminary only. See Methodology.

Data source: Administrative Office of the U.S. Courts, criminal master file, fiscal years 1992-99

1999 6,728 5,626 461 51 590 b

1998 6,397 5,419 453 64 461

1997 5,993 4,872 475 67 579

1996 6,191 4,943 467 62 719

1995 7,044 5,157 746 82 1,059

1994 6,756 4,585 743 81 1,347

1993 7,086 5,093 639 83 1,271

1992 7,621 5,911 488 54 1,168

Othera Total Possession Transfer Regulatory

Type of firearm offense

Table 2. Defendants charged in U.S. district courts with a firearm offense, 

by type of offense, 1992-99

Data source: Executive Office for U.S. Attorneys, central system data file, FY 1998

Number of suspects 1,279

Other 4.7

Weak evidence 17.3

Lack of resources 3.1

Agency request 6.5

DOJ/U.S. attorney policy 4.1

Minimal Federal interest 4.6

Other reasons 40.3%

Suspect-related reason 3.5%

Alternative resolution 2.1%

On other charges/plea bargain 6.6

29.5

Prosecuted &

By other authorities

36.1%

Referred or handled 

in other prosecution

No crime 18.1%

Total 100.0%

Reason for declination Percent

Table 1. Firearm suspects declined

for prosecution by U.S. attorneys, 

by reason for declination, 1998

1990 1992 1994 1996 1998

0

2,000

4,000

6,000

8,000

Number of suspects investigated for a firearm

Year concluded

Investigated

Declined

offense, when that offense was the most

serious one investigated

Number of suspects investigated 

for a firearm offense and number 

U.S. attorneys declined to prosecute

Figure 1
• is an unlawful user of, or is addicted

to, any controlled substance

• has been adjudicated as a mental

defective or has been committed to a

mental institution

• is an illegal alien or has been admitted to the United States under a 

nonimmigrant visa

• has been discharged from the U.S.

Armed Forces under dishonorable

conditions

• has renounced U.S. citizenship 

• is subject to a court order restraining

him or her from harassing, stalking,

or threatening an intimate partner 

or child

• has been convicted in any court of 

a misdemeanor crime of domestic

violence.

Federal Firearm Offenders, 1992-98 3

Bailey v. United States: Supreme Court standards

for charging a firearm offense in relation to an 

underlying offense

The decrease in prosecutions for using a firearm in

relation to a violent or drug trafficking offense 

(18 U.S.C. § 924(c)) primarily resulted from the Supreme

Court’s decision in Bailey v. United States (516 U.S. 137,

116 S.Ct. 501). In December 1995 the Supreme Court

ruled that to support a conviction, prosecutors must establish that the defendant actively used the firearm during the

offense. The standard set forth required that the defendant have fired, attempted to fire, brandished, displayed,

or otherwise used the firearm during the underlying

offense. The court concluded that mere possession of a

firearm during the commission of the offense was not

sufficient for conviction.*

Because Bailey originated in the U.S. Court of Appeals 

for the District of Columbia, the case had little impact on

charging practices in the other 11 judicial circuits until the

Supreme Court issued its decision. Consequently, the

effect of Bailey throughout the Federal system was

immediate. 

During January 1996, 50% fewer defendants were

charged with a § 924(c) offense than during November

1995, the month preceding the decision (figure). The

decreased use of § 924(c) continued at a generally lower

level through the end of the study period (September

1998). Between 1995 and 1998 the number annually

charged with a § 924(c) offense decreased from 2,958 to

2,385 (not shown in a table).

The Bailey decision came when U.S. attorneys were

prosecuting more defendants in U.S. district court for

violent and drug offenses than during previous years.

Between 1995 and 1998 the number of defendants

charged with a violent or drug offense in U.S. district

courts increased 25% – from 23,979 to 30,081 (Compendium of Federal Justice Statistics, BJS report, annual,

table 3.1). Without the limitations imposed by Bailey, the

number of defendants charged with a § 924(c) offense

should have increased rather than have decreased.

Allowing for a 25% increase in the number of defendants

charged with predicate offenses, an estimated 2,500 more

defendants would have been charged with § 924(c) during

the 33 months following the decision, had the Supreme

Court ruled otherwise in Bailey. (For the source of the

estimate, see page 11, Methodology.)

Federal sentencing guidelines provide for sentence

enhancements when the defendant used or possessed a

weapon during the commission of the offense. Application

of the guideline enhancement is not dependent on charging decisions by the prosecutor and is not limited by the

Supreme Court’s ruling in Bailey. The enhancement

applies when a weapon is present unless it is clearly

improbable that the weapon was connected to the offense

(U.S.S.G. § 2D1.1, comment (n.3)). However, when a

defendant is convicted of a § 924(c) offense, to avoid

imposition of a double penalty, the guideline enhancement

is not applied (U.S.S.G. § 2K2.4, comment (n.2)).

Following Bailey, the number of defendants receiving a

guideline enhancement for weapon use or possession

increased. During January 1996, 17% more defendants

received a guideline enhancement for weapon use than

during November 1995. Between 1995 and 1998 the

number of defendants annually receiving a guideline

enhancement for weapon use increased 31% – 

from 2,598 to 3,393 (table 8).

Because prosecutors often dismiss the § 924(c) charge 

in exchange for a guilty plea, the increased use of the

sentencing guideline enhancement offsets the decreased

use of § 924(c) (table 8). However, penalties applicable

following a § 924(c) conviction differ substantially from

those applicable under the sentencing guidelines. (See

page 9.)

1992 1994 1996 1998

0

50

100

150

200

250

300

350

Number of defendants

Guideline enhancement

924(c) enhancement

decided Bailey v. United States

U.S. Supreme Court

*Responding to Bailey, Congress in 1998 amended 18 U.S.C. §

924(c) to apply to defendants possessing, as well as actively

using, a firearm in furtherance of a violent crime or a drug

trafficking offense. See, P.L. 105-386, 112 Stat. 3469 (1998).
Additionally, juveniles – persons under

age 18 – are prohibited from possessing handguns (18 U.S.C. § 922(x)).

Federal firearm licensees are prohibited from transferring a handgun to a

person younger than 21 or a long gun

to a person younger than 18 (18 U.S.C.

§ 922(b)(1)).

A detailed description of disqualifying

characteristics and of Federal and

State procedures relating to firearm

sales is provided in Survey of State

Procedures Related to Firearm Sales,

Midyear 1999 (BJS report, NCJ

179022). 

From the inception of the Brady Act on

February 29, 1994, to December 31,

1999, more than 536,000 (2.4%) of 

the 22 million applications for firearm

purchase or pawn transactions were

rejected because the applicant was

prohibited by Federal, State, or local

law from possessing a firearm

(Background Checks for Firearm

Transfers, 1999, BJS Bulletin, NCJ

180882, June 2000). Nearly threequarters of the rejections were due 

to the finding of a felony conviction 

or indictment.

Other statutory provisions prohibit the

possession of certain types of firearms,

stolen firearms, firearms with obliterated or altered serial numbers, and

possession of firearms in certain

places. In addition, 26 U.S.C. §

5861(d) prohibits the possession of

certain firearms not registered on the

National Firearms Registration and

Transfer Record. Firearms required to

be registered include machine guns,

short-barreled shotguns and rifles, and

silencers.

Trend in firearm prosecutions

In 1991 the Department of Justice initiated Project Triggerlock, a policy to 

use Federal firearm statutes to prosecute violent offenders in U.S. district

courts. Between 1990 and 1992 the

number of suspects investigated for 

a firearm offense increased 36%

(figure 1).

After a period of increased firearm

prosecutions, prosecutions generally

declined through 1997 before increasing again in 1998 and 1999. More than

half the total decrease can be attributed to fewer prosecutions of Statelevel firearm offenses in Federal courts

pursuant to the Assimilated Crimes Act

(18 U.S.C. § 13). The number of

defendants charged with a State-level

offense fell from 1,168 to 590. 

An additional 30% of the total decrease

can be attributed to fewer prosecutions

of Federal possession offenses. The

number of defendants charged with a

Federal firearm possession offense

decreased from 5,911 (during 1992)

to 5,626 (during 1999).

Between 1992 and 1998 the decrease

in the prosecution of possession

offenses primarily resulted from

decreases in the charging of two

offenses &

 ̆ using a firearm in relation to 

a violent or drug trafficking offense 

(18 U.S.C. § 924(c)), down 23%, 

from 2,884 to 2,222 

 ̆ possession of an unregistered

firearm (26 U.S.C. § 5861(d)), 

down 62%, from 714 to 271. 

The number of defendants prosecuted

for being a felon in possession a

firearm, 1992-99, increased 13%

nationally, compared to a 12%

decrease in all firearm offenses. In 35

judicial districts, U.S. attorneys prosecuted more defendants for a § 922(g)

offense (prohibited person) during

1998 than 1992 (not shown in a table).

Almost half the defendants charged

with a possession offense between

1992 and 1999 were charged with

using a firearm during the commission

of a violent or drug trafficking offense 

(18 U.S.C. § 924(c)). Of those 

charged with a possession offense

between 1992 and 1999 –

• 44% were charged with unlawfully

possessing a firearm based on their

status as a prohibited person

(18 U.S.C. § 922(g))

• 8%, receiving or possessing an

unregistered firearm (26 U.S.C. 

§ 5861(d))

• 3%, possessing firearms with altered

or obliterated serial numbers (18

U.S.C. § 922(k) and 26 U.S.C. 

§ 5861(h))

• 3%, possessing stolen firearms (18

U.S.C. § 922(j)) (appendix table 3).

--Not applicable.

*Includes only the most frequently charged offenses. Because defendants may have 

been charged with more than one firearm offense, percentages add to more than 100%.

Data source: Administrative Office of the U.S. Courts, criminal master file, fiscal year.

Number of defendants 2,117 3,302

Other -- 16.8

Racketeering -- 8.8

Bank robbery -- 20.8

Drug trafficking -- 53.6%

Substantive offense

Receipt or possession of an unregistered firearm 9.6 3.0

4.2 69.5

Use or possession of a firearm during the 

 commission of a violent or drug trafficking offense

Possession of a firearm in a school zone 2.7 0.7

Possession of a machine gun 4.3 1.6

8.3 3.2

Shipment, transportation, or receipt of a firearm 

 by a person under indictment for a felony offense 

4.0 1.9

Transportation, shipment, or receipt of firearms 

 with obliterated or altered serial numbers

Possession of stolen firearms 7.4 2.0

Possession of a firearm by a prohibited person 71.4% 30.3%

Firearm offense*

Plus substantive

offense

Possession

offense only

Percent of defendants charged 

with a firearm possession offense

Table 3. Defendants charged in U.S. district courts 

with a firearm possession offense, 1998
Federal prosecutors often charge

statutes pertaining to the lawful possession of firearms in conjunction 

with a substantive offense such as

drug trafficking or bank robbery.

During 1998, 61% of defendants

charged with firearm possession

offenses were also charged with

another offense: 54% were charged

with drug trafficking; 21%, bank

robbery; and 25%, other offenses

including racketeering (9%) (table 3).

For more than two-thirds of defendants

charged with both a substantive

offense and a firearm possession

offense, the defendant was charged

with 18 U.S.C. § 924(c) & use during

a violent or drug trafficking offense. 

A third of those charged with both a

firearm and substantive offense were

charged as prohibited persons unlawfully possessing a firearm pursuant to

18 U.S.C. § 922(g) or (n).

For 39% of defendants charged with 

a Federal firearm offense, the firearm

possession offense was the only

offense charged. More than threequarters of these defendants were

charged with unlawfully possessing a

firearm based on their status as a

prohibited person: 71% pursuant to 

18 U.S.C. § 922(g) and 8% pursuant 

to 18 U.S.C. § 922(n). Other offenses

for which these defendants were

charged included receipt of an unregistered firearm (10%) pursuant to 26

U.S.C. § 5861(d), possession of stolen

firearms (7%) pursuant to 18 U.S.C. §

922(j), and using a firearm in relation 

to a violent or drug trafficking offense

(4%) pursuant to 18 U.S.C. § 924(c).

Unlawful receipt or transfer of firearms

During 1998, 341 defendants were

convicted of a firearm receipt or transfer offense. Detailed information was

collected on 85% (288) of those convicted. (See Methodology.) Of these

288 defendants, 47% were not permitted to lawfully possess or receive a

firearm because of their status as a

prohibited person; 19% were identified

as straw purchasers; 28% involved

other individuals unlawfully receiving or

transferring firearms; and 6% involved

retail dealers unlawfully transferring

firearms (table 4).

A “straw purchase” occurs when the

actual buyer uses another person to

make the purchase from a licensed

dealer. While buying a firearm for

someone else is not itself illegal,

Federal forms require that this information be disclosed at the time of the

purchase. (See ATF Form 4473.)

Knowingly making false or fictitious

statements & including false statements relating to prior felony convictions & on the required application

form is an offense prosecutable 

under 18 U.S.C. § 922(a)(6).

Other transfer violations include

knowingly distributing or transferring

firearms to prohibited persons, distributing firearms to persons not present 

in a business establishment, distributing handguns to persons under the 

age of 21 and long guns to persons

under the age of 18, and unlawfully

shipping firearms (appendix table 3).

Almost half of the transfer offenses

involved nonretail sales & sales 

through private transactions. In about

two-thirds of the cases, the firearm

transferred was a handgun. About

30% of the cases involved shotguns 

or rifles, and 13% involved assault

weapons. (Defendants may have

purchased or attempted to purchase

several types of firearms, so that

percentages add to more than 100%.)

On average, each transfer offense

involved 24 firearms; however, half 

the cases involved 4 or fewer. 

Prohibited persons

In 41% of the 135 cases in which the

defendant was identified as a prohibited person, the defendant purchased

or attempted to purchase a firearm

from a licensed firearm dealer and in

36%, from sources other than dealers.

In 24% of these cases the defendant

participated in other unlawful activities.

While half of all transfer cases involving prohibited persons concerned 3 

or fewer firearms, prohibited persons

acquired, or attempted to acquire, an

average of 18 firearms each. Sixty-two

percent of these cases involved

handguns; 44%, shotguns or rifles; 

and 10%, assault weapons.

Federal Firearm Offenders, 1992-98 5

a

Represents Federally licensed individuals who operated retail stores, including pawnshops. b

Because multiple types of firearms may have been involved in the commission 

of the offense, categories add to more than the total number of defendants.

Data source: Special data collection from Federal presentence investigation reports

of defendants convicted during fiscal year 1998. See Methodology.

Number of defendants 288 135 56 81 16

Median 4 3 12 6 14

Mean 24 18 34 28 23

Number of firearms involved

Assault weapon 38 13 6 18 1

Shotgun/rifle 100 59 10 26 5

Handgun 197 84 42 57 14

Type of firearms involvedb

Other 2 0 1 1 0

Private transaction 102 35 10 55 2

Gun show 13 2 2 8 1

Pawnshop 22 11 8 0 3

Retail store 109 58 34 7 10

Location of transaction

Other transaction 47 32 1 10 1

Nonretail sale 127 48 15 61 3

Retail sale 114 55 40 7 12

Type of transaction

Retail

dealer Other a

Straw

purchaser

Prohibited

Characteristic Total person

Private individual

Type of defendant

Table 4. Defendants convicted in U.S. district court 

of firearm receipt and transfer offenses, 1998
For most (84%), the disqualifying

characteristic that prevented lawful

possession was a prior felony conviction (not shown in a table). 

In addition &

• 10% purchased the firearm with the

intent to commit a felony offense 

• 9% had a history of drug abuse 

• 4% were illegal aliens

• 3% were subject to a domestic

restraining order. (Because a person

may be disqualified for multiple

reasons, percentages sum to more

than 100%.)

Straw purchasers

In more than two-thirds of the 56 cases

where the defendant was identified as

a straw purchaser, the firearm was

purchased from a licensed firearm

dealer. In 62% of the cases, the

firearm was purchased from a retail

store; in 15% from a pawnshop; and 

in 4% from a gun show. An additional

18% of the cases involved private

transactions.

While half of the straw purchasers

purchased 12 or fewer firearms, this

type of case involved an average 

of 34 firearms. (Available data do not

indicate the time frame during which

the purchases were made.) Seventytwo percent of the cases involved

handguns; 18% involved shotguns or

rifles; and 11% involved assault

weapons. 

Persons dealing without a license 

or transferring a firearm unlawfully

Two-thirds of the 81 receipt and transfer offenses involving individuals other

than prohibited persons and straw

purchasers were private sales of

firearms. Of these 81 defendants, 49%

were charged with dealing in firearms

without the required Federal license

(18 U.S.C. § 922(a)(1)(A)), and 19%

were charged with unlawfully transferring a firearm (26 U.S.C. § 5861(e))

(not shown in a table). In 10% of

cases, the transaction underlying the

Federal offense occurred at a gun

show.

On average, these cases involved 28

firearms; half involved 6 or fewer.

While more than two-thirds of the

cases concerned the transfer of

handguns, these cases were more

likely than those with prohibited

persons or straw purchasers to involve

shotguns or rifles (32%) and assault

weapons (22%).

Regulatory offenses

Between 1992 and 1998 an average of

70 defendants were charged each year

with a regulatory offense associated

with the sale or distribution of firearms

(table 2). Regulatory offenses include

transportation by a common carrier;

record keeping violations; and offenses

relating to the licensing, taxation, and

registration of firearms (appendix 

table 3).

Charge bargaining by U.S. attorneys

The Principles of Federal Prosecution

state that Federal prosecutors “should

charge . . . the most serious offense

that is consistent with the nature of the

defendant’s conduct that is likely to

result in a sustainable conviction (U.S.

Department of Justice, U.S. Attorneys

Manual, Title 9, § 27.300(A)).” (See

http://www.usdoj.gov/usao/eousa/

foia_reading_room/usam) According

to the Principles, prosecutors are not,

absent mitigating circumstances, to

bargain away or drop charges. 

An October 1993 memorandum by

Attorney General Janet Reno clarified

the Principles, seemingly to provide

prosecutors with more flexibility to

select charges or enter into plea agreements when the charges selected “fit

the specific circumstances of the case,

are consistent with the purposes of the

Federal criminal code, and maximize

the impact of Federal resources on

crime . . . [and the] sentencing range

(or potential mandatory minimum

charge, if applicable) is proportional 

to the seriousness of the defendant’s

conduct and whether the charge

achieves [the purposes of sentencing

set forth by 18 U.S.C. § 3553].” (See

“Memorandum from Attorney General

Janet Reno to United States Attorneys

and Department of Justice Litigating

Divisions,” October 12, 1993.)

Prior to the Attorney General’s memorandum, 76% of defendants who were

originally charged with a § 924(c)

offense and who were convicted

pleaded guilty to one of the offenses

charged (table 5). Following the Attorney General’s memorandum, U.S.

attorneys appeared more likely to

accept guilty pleas to substantive

offenses such as drug trafficking and

bank robbery in exchange for dismissing the § 924(c) counts. For example,

during 1994-95, guilty pleas in cases

where the defendant was charged with

§ 924(c) increased to 79% of convictions. The increase coincided with an

increase in the percentage of cases 

in which U.S. attorneys dismissed the 

§ 924(c) charge. During 1992-93

prosecutors dismissed the § 924(c)

charge in less than a quarter of the

a

Statistics identify whether the defendant was charged with a firearm 

offense regardless of whether it was the primary or a secondary offense. b

Convicted of any offense. 

Data source: Administrative Office of the U.S. Courts, 

criminal master file, fiscal year.

1998 2,132 1,926 90.3 83.1 54.3

1997 2,110 1,916 90.8 82.3 56.1

1996 2,558 2,336 91.3 82.1 65.7

1995 2,247 1,972 87.8 80.8 50.3

1994 2,409 2,162 89.7 77.6 37.5

1993 2,545 2,222 87.3 76.9 25.9

1992 2,356 2,051 87.1% 74.4% 24.4%

Proportion with §

924(c) dismissed

Percent of

Number Percent convictions

Number

chargeda Year

Convicted Pleaded guilty b

Table 5. Defendants in cases concluded in U.S. district courts who

were charged with using a firearm in relation to a violent or drug

trafficking offense (18 U.S.C. § 924(c)), 1992-98
cases in which the defendant pleaded

guilty to a substantive charge. During

1994-95 dismissals rose to 37.5% and

50.3% of the cases. 

While § 924(c) counts were dismissed

at greater rates from 1996 through

1998, these increases were at least

partially attributable to evidentiary

factors resulting from the Supreme

Court’s Bailey decision. For instance,

during 1996, the first year following

Bailey, in nearly two-thirds of the cases

involving guilty pleas, the § 924(c)

count was dismissed.

Defendants convicted of Federal

firearm offenses

During 1998, 91% of defendants

convicted of a firearm offense were

sentenced to prison. The average

prison term imposed was 100 months.

Half of those convicted received a

prison term of 60 months or more.

Defendants convicted of a possession

offense were sentenced to prison at

the highest rate (94%) and received

the longest sentences (105 months),

on average. By contrast, about 75% 

of defendants convicted of receipt or

transfer and regulatory offenses were

sentenced to prison; the average term

imposed was 62 months.

Between 1992 and 1998 an increasing

proportion of defendants convicted 

of a firearm offense was sentenced 

to prison. During 1992, 85% of those

convicted were sentenced to prison

compared to 91% during 1998 (not

shown in a table). Prison sentences

have also increased & increasing from

79 months, on average, during 1992 

to 100 months during 1998 (figure 2).

The increase in prison sentences can

be attributed to an increase in the

proportion of defendants receiving

sentences of 3 years or more.

Between 1992 and 1998 the number 

of defendants sentenced to a prison

term of 3 years or more increased 

from 51% to 71% of those sentenced

to prison (not shown in a table). The

proportion sentenced to 5 years or

more increased from 41% to 53% 

of those sentenced to prison.

Sentences imposed for firearm transfer

offenses more than doubled during this

period from an average of 28.4 months

to 61.5 months. Sentences for possession offenses increased from 84.2

months to 104.5 months.

Armed career offenders

The Firearms Owners’ Protection Act

of 1986 increased penalties for recidivist violent and drug offenders who

unlawfully possess firearms (P.L. No.

99-308, 100 Stat. 449 (1986)).

Pursuant to 18 U.S.C. § 924(e), a

person convicted of unlawfully

possessing a firearm based on his or

her status as a prohibited person and

who has three prior convictions for

violent felonies or serious drug

offenses is subject to a mandatory

prison term of at least 15 years.

Between 1992 and 1998, 1,897 defendants were sentenced in U.S. district

courts as armed career offenders

(table 7). Almost all these defendants

were sentenced to a term of imprisonment; the average prison term imposed

was 216 months.

Receipt and transfer offenses

During 1998, 75% of defendants

convicted of a receipt or transfer

offense were sentenced to a term of

imprisonment. The average prison 

Federal Firearm Offenders, 1992-98 7

Figure 2

1992 1994 1996 1998

0

20

40

60

80

100

120

Months of prison imposed

Possession

Regulatory

Total

Transfer

Average prison term imposed for Federal firearm

offenses, 1992-98

Note: Includes only convictions in which the firearm offense 

was the most serious offense.

Data source: Administrative Office of the U.S. Courts, 

criminal master file, fiscal year.

Data source: Administrative Office of the U.S. Courts, criminal 

master file, fiscal year.

Note: Represents only those observations in which the firearm 

offense was the most serious offense of conviction.

*Does not include sentences of community confinement imposed 

in conjunction with a term of imprisonment; excludes sentences 

of life imprisonment.

Other 137 69.3 72.8

Regulatory 42 61.9 32.5

Transfer 233 74.7 61.5

Possession 2,547 94.0 104.5

Total 2,959 90.9% 99.9 mo

Average term of

Percent imprisonment*

Number

convicted

Type of

violation

Sentenced to prison

Table 6. Sentence imposed on defendants convicted 

of a firearm offense in U.S. district courts, 

by type of firearm offense, 1998

Data source: U.S. Sentencing Commission,

monitoring data file, fiscal year.

*Does not include sentences of community

confinement imposed in conjunction with a

term of imprisonment.

1998 198 100.0 214.6

1997 266 100.0 209.6

1996 289 99.7 218.4

1995 281 99.6 217.9

1995 329 99.7 213.9

1993 305 100.0 221.5

1992 229 100.0 217.7

Total 1,897 99.8% 216.4 mo

Average term of

Number Percent imprisonment*

sentenced

Year Sentenced to prison

Table 7. Defendants sentenced as

armed career offenders in U.S.

district courts, 1992-98
Firearms prosecutions in the 

20 most populous districts

The number of defendants charged

with Federal firearm offenses varies

substantially across Federal judicial

districts. Generally U.S. attorneys in

the most populous districts prosecuted

the greatest number of defendants in

U.S. district courts. For example,

during 1997 U.S. attorneys in the 20

most populous judicial districts prosecuted 44% of all defendants charged

with a Federal offense (table above).

Similarly, 41% of all defendants

charged with a Federal firearm

offense were prosecuted in these 20

districts.

Higher crimes rates in heavily

populated districts

These larger judicial districts

accounted for a disproportionate

amount of violent crime reported to

local law enforcement during 1997.

While these 20 districts account for

about 49% of the U.S. population,

approximately 58% of all violent crime,

or 6.6 violent crimes for every 1,000

residents, occurred in these districts. 

By contrast, the violent crime rate in

the other 70 judicial districts included

in this analysis was approximately

30% lower & 4.6 violent crimes for

every 1,000 residents.

Targeted prosecutions

Project Triggerlock and subsequent

district-level initiatives such as Operation Ceasefire in the District of Massachusetts and Project Exile in the

Eastern District of Virginia have

targeted violent offenders for Federal

prosecution. Consistent with the goals

of those efforts, the number of defendants charged with a Federal firearm

offense correlated with arrests made

by local law enforcement agencies for

violent and drug offenses. In districts

where local law enforcement agencies

made more arrests for violent crime or

drug trafficking, U.S. attorneys generally charged more defendants with a

Federal firearm offense.

For example in the 20 most populous

judicial districts, local law enforcement

agencies reported making approximately 33,000 arrests on average 

for violent crimes and drug trafficking

offenses during 1997. U.S. attorneys

in these districts charged 119 defendants on average with a Federal

firearm offense. By contrast, local

agencies in the 70 other judicial

districts reported making approximately 6,400 arrests on average. 

U.S. attorneys in these districts

charged 49 defendants on average.

Data sources: Administrative Office of the U.S. Courts, criminal master file, FBI Uniform Crime Reports, U.S. Census Bureau.

Note: Statistics represent actual counts reported to the FBI by State and local law enforcement agencies. 

Excluded from this analysis are the Federal judicial districts comprising the outlying U.S. Territories or 

Commonwealths of Guam, Northern Marianas Islands, Puerto Rico, and the Virgin Islands. These areas 

are not included in the FBI's Uniform Crime Reports Program.

**Arrest statistics were not reported to the FBI by law enforcement agencies within the judicial districts of the 

District of Columbia, Florida (Middle, Northern, and Southern), Indiana (Northern), Kansas, and Vermont. 

All other districts 137,514,448 43,250 3,456 627,669 4.6 292,372 123,012

New York, Southern 4,682,512 2,205 189 40,728 8.7 21,068 17,752

Minnesota 4,725,419 505 59 15,825 3.3 4,098 6,037

Virginia, Eastern 4,764,792 3,467 278 18,415 3.9 8,754 4,045

Texas, Western 4,897,586 4,737 110 22,566 4.6 7,913 3,648

Maryland 5,134,808 728 146 43,106 8.4 13,381 12,657

Pennsylvania, Eastern 5,226,882 994 138 30,430 5.8 15,151 10,319

Florida, Southern 5,270,309 2,234 204 25,220 4.8   

Ohio, Southern 5,351,708 778 26 16,668 3.1 12,847 3,020

Texas, Northern 5,559,469 1,401 117 36,322 6.5 11,758 2,695

Ohio, Northern 5,857,785 933 72 18,606 3.2 10,679 3,456

Massachusetts 6,147,132 610 67 38,908 6.3 18,565 7,715

California, Eastern 6,195,612 1,240 85 44,827 7.2 34,447 9,300

Texas, Southern 6,575,965 4,047 90 46,264 7.0 10,779 1,159

Michigan, Eastern 6,598,853 949 168 45,683 6.9 17,183 12,962

California, Northern 7,141,154 910 78 48,072 6.7 29,135 14,263

New York, Eastern 7,347,407 1,646 123 63,514 8.6 32,414 30,188

New Jersey 8,115,011 1,306 60 39,676 4.9 19,132 17,369

Florida, Middle 8,172,381 1,844 161 75,008 9.2 **  ** 

Illinois, Northern 8,589,431 764 69 65,029 7.6 12,712 61,654

California, Central 16,405,141 2,198 153 145,667 8.9 77,280 26,086

20 most populous districts 132,759,357 33,496 2,393 880,534 6.6 357,296 244,325

National 270,273,805 76,746 5,849 1,508,203 5.6 649,668 367,337

Drug

trafficking

Part 1 violent

crimes

Per 1000

District Population Total Firearms Reported population

Part 1 violent crimes Arrests reported by police

Defendants prosecuted 

in U.S. district courts

Defendants charged with firearm offenses in U.S. district courts in the 20 most populous districts, 1997
term imposed for these offenses was

62 months. Ninety percent of prohibited persons who unlawfully acquired 

or attempted to acquire a firearm were

sentenced to prison; the average

prison term imposed was 65 months

(not shown in a table).

Almost three-quarters of straw

purchasers and others unlawfully

receiving or transferring firearms were

sentenced to a term of imprisonment.

For straw purchasers, the average

prison term imposed was 26 months;

for other individuals, the average

prison term imposed was 35 months. 

Sentence enhancements for using

or possessing a firearm

Although the Supreme Court limited

the applicability of 18 U.S.C. § 924(c)

to offenders actively using a firearm

during an offense, the Federal sentencing guidelines retained enhancements

for simple possession or active use

during certain crimes such as bank

robbery and drug trafficking. Consequently, while prosecutors could no

longer obtain sentence enhancements

pursuant to § 924(c) for simple possession, enhancements could still be

applied under the Federal sentencing

guidelines.

Prior to Bailey, approximately 60% of

defendants who received an enhanced

sentence for using a weapon, received

the enhancement provided for by the

Federal sentencing guidelines; 40%

received the enhancement provided 

for by 18 U.S.C. § 924(c) (table 8).

Following Bailey, the proportion 

receiving the guideline enhancement

increased to 70%.

The enhancements from the Federal

sentencing guidelines are not equivalent to those through § 924(c). Pursuant to the sentencing guidelines,

defendants may receive a 2-to-7

offense level enhancement – equivalent to a 25%-120% increase in the

sentence imposed – for using or

possessing a weapon. This estimation

of the potential increase assumes a

12% increase in the imposed sentence

for each additional guideline offense

level.

The actual amount of the increase

varies according to other conduct relating to the underlying offense and how

the defendant used the firearm.

Greater enhancements are applicable

under the guidelines if the defendant

discharged the firearm than if he or she

brandished or merely possessed it.

(See, for example, U.S.S.G. §§ 2D1.1

and 2B3.1.)

For example, a defendant convicted of

bank robbery receives a sentence of

41 to 51 months under the sentencing

guidelines if no weapon was present; a

sentence of 57 to 71 months if a

weapon was brandished, displayed, or

possessed; and a sentence of 87 to

108 months if he or she discharged a

firearm. By contrast, a defendant

convicted of using a firearm during a

drug trafficking offense would receive

the same 2-level enhancement for

brandishing a firearm as for discharging it.

Between 1993 and 1998 the average

guidelines enhancement for weapon

use or possession was approximately

16 months (table 8). The average

sentence imposed for the underlying

offense was 103 months (not shown in

a table). The total prison term imposed

on these defendants was 119 months,

on average.

By contrast, 18 U.S.C. § 924(c)

provides for a sentence of 5 years to

be served consecutive to any sentence

imposed for the underlying offense.

Higher enhancements may be applicable if the defendant has previously

been convicted of such an offense or if

the defendant used an assault weapon,

short-barreled shotgun, or a machine

gun.*

Between 1993 and 1998 defendants

convicted of a § 924(c) offense had

their sentences enhanced by approximately 92 months, on average (table

8). The average prison sentence

imposed for the underlying offense was

111 months (not shown in a table).

(This average excludes sentences to

life imprisonment and prison sentences

in excess of 989 months.) The total

prison term imposed on these defendants was 203 months, on average.

Federal Firearm Offenders, 1992-98 9

*P.L. 105-386, 112 Stat. 3469 (1998)

amended § 924(c) to provide higher

enhancements if the defendant brandished

the firearm (7 years) or if the defendant

discharged the firearm (10 years).

Data source: U.S. Sentencing Commission, monitoring data file, fiscal year.

a

Pursuant to 18 U.S.C. § 924(c). b

Represents the mandatory sentence to be imposed pursuant to 18 U.S.C. § 924(c); excludes

sentences to life imprisonment. 

c

Estimated, See Methodology.

1998 4,730 1,337 109.7 3,393 12.7

1997 4,425 1,231 94.2 3,194 18.1

1996 4,560 1,392 101.9 3,168 16.0

1995 4,311 1,685 89.5 2,626 17.5

1994 4,932 1,985 86.8 2,947 16.9

1993 5,119 2,350 81.0 2,769 17.4 mo

1992 4,316 1,323 82.5 mo 2,993 --

Average

enhancement

(in months)

c

Number of

defendants

Average

enhancement

(in months)

b

Number of

defendants

Total number of

Year defendants

Statutory Sentencing guideline a

Type of enhancement

Table 8. Defendants receiving a sentence enhancement for possessing or using

a firearm and additional prison term imposed, by type of enhancement, 1992-98
Methodology

Data sources

The primary source of the data for

tables in this report is the BJS Federal

Justice Statistics Program (FJSP)

database. The FJSP is presently

constructed from source files provided

by the Executive Office for United

States Attorneys (EOUSA), the Administrative Office of the United States

Courts (AOUSC), the United States

Sentencing Commission (USSC), and

the Federal Bureau of Prisons (BOP).

The EOUSA provides data on suspects

investigated by U.S. attorneys for violations of Federal law and the U.S. attorney’s decision to prosecute; the

AOUSC provides data on the statutory

offenses charged by the U.S. attorney,

the outcome of the criminal proceeding, and the sentence imposed; the

USSC provides detailed data describing the sentence imposed on convicted

defendants; and the BOP provides

data on defendants under its jurisdictions. Data are reported for the Federal fiscal years beginning October 1.

Beginning in 1992 both the EOUSA

and the AOUSC began collecting data

on multiple offenses: the U.S. attorneys collect data on every statutory

offense charged, while the courts

collect data on up to five statutory

offenses for which the defendant was

charged and adjudicated. Consequently, because this report examines

charging practices and is not limited to

an analysis of the most serious offense

charged, the data series begins with

1992.

Statistics describing defendants

processed during 1999 reflect data

obtained from the AOUSC during

December 1999. (Other agencies

providing data were unable to supply

1999 data at the time of report preparation.) BJS has observed that information for fewer than 1,000 defendants is

not recorded in the AOUSC database

during the fiscal year reporting period.

BJS uses data describing subsequent

reporting periods to augment and

update the AOUSC fiscal year

database. Because the 1999 statistics

During 1997, 14%, or 12,619, of the

Federal prison population reported

that they used, carried, or possessed

a firearm while committing the offense

for which they were imprisoned (not

shown in a table). Most of these

inmates (86%) reported using a

handgun.

Of those who possessed a firearm

during the offense, 52% reported that

they did not actively use the firearm; 

46% reported that they displayed or

brandished the firearm to intimidate

someone (29%), in self-defense

(25%), or to “get away” (12%); and

13% reported that they discharged 

the firearm. 

The majority of firearms used by

Federal prison inmates were not

purchased directly from Federal

firearm licensees: 68% of inmates

reported obtaining the firearm either

from a source like a burglary, a drug

dealer, a fence, or the black market

(33%) or from a friend or family

member (35%). About a quarter

(23%) reported that they purchased 

or traded for the firearm directly from

a retail store (15%), pawnshop (4%),

flea market (2%), or gun show (2%).

An additional 9% reported obtaining

the firearm through all other means.

Available data suggest that the majority (83%) of Federal inmates who

reported possessing a firearm may 

have been disqualified from lawfully

possessing or purchasing a firearm

for at least one statutory reason: 

 ̆ About half indicated that they had a

prior sentence to incarceration; a third

were on probation or parole at the

time of their current offense; about

half indicated illicit drug use within a

month of the current offense.

 ̆ Some inmates reported being

treated overnight in a mental health

facility (7%), being dishonorably

discharged from the U.S. Armed

Forces (1%), or being a noncitizen

(7%).

Extent of firearm use by Federal 

prison inmates, 1997

Percent 95%-

of Federal confiUse of firearm inmates us- dence

during offense ing firearm interval

Discharged 12.8% +/- 3.8%

Killed victim 3.0 2.0

Injured victim 3.5 2.1

Other 7.7 3.1

Brandished/displayed 45.8% +/- 5.7%

To scare someone 29.3 5.2

To defend self 24.8 5.0

To “get away” 11.6 3.7

To injure 0.9* 1.1

Other 2.1 1.6

Did not actively use 51.2% +/- 5.7%

Number of prison inmates 

reporting firearm use 11,250

Source of firearms possessed 

by Federal prison inmates, 1997

Percent of Federal

inmates who had

 Characteristic possessed firearm 

Theft or burglary 9.1 +/- 3.3%

Drug dealer 15.0 4.5

Fence/black market 8.7 3.2

Purchased or traded – 22.5% +/- 4.7%

Retail store 15.0 4.0

Pawnshop 4.2 2.3

Flea market 1.7* 1.5

Gun show 1.7* 1.5

Family or friend 35.4% +/- 5.4%

Borrowed or given 3.4% +/- 2.1%

Other 5.9% +/- 2.7%

Number of prison inmates 

reporting firearm source 11,604

Selected characteristics of Federal

inmates reporting firearm possession

during current offense, 1997

Any potentially

disqualifying

characteristic 82.8% +/- 4.1%

Prior jail/prison sentence 55.4 5.4

On probation/parole 32.0 5.1

Fugitive/escapee 0.6* 0.8

Illicit drug use within

1 month before offense

or at time of offense 55.6 5.4

Overnight treatment in

mental health facility 6.8 2.7

Not a U.S. citizen 6.9 2.0

Dishonorably discharged

from U.S. military 0.7* 0.9

Note: Inmates may have used the firearm 

for more than one purpose. No information 

is available on the legality of the transfers. 

An inmate may have reported more than 

one disqualifying characteristic. 

*Based on 10 or fewer sample cases.

Data source: BJS, Survey of Inmates in

Federal Correctional Facilities, 1997

Firearm use reported by Federal prison inmates
contained in this report are subject to

change, these statistics are identified

as preliminary.

When multiple types of firearm

offenses were charged, the offense

reported was determined by rank

ordering the various offenses charged.

Possession offenses took precedence

over transfer offenses and transfer

offenses took precedence over regulatory offenses. In addition to data

routinely compiled as part of the FJSP,

data describing defendants convicted

of firearm receipt and transfer violations were specially collected by BJS

staff from presentence investigation

reports archived by the USSC. Data

elements collected include the following: (1) the number of firearms involved

in the offense conduct, (2) the types 

of firearms, (3) the type of transaction,

(4) the location of the transaction, 

(5) whether the purchaser was a 

“straw purchaser,” and (6) whether 

the defendant was a prohibited person

and the basis for the disqualification.

Statistics describing the use and

source of firearms used by Federal

prison inmates were derived from

BJS’s 1997 Survey of Inmates in

Federal Correctional Facilities (ICPSR

2598). Inmates were interviewed

about the current offense and

sentence, criminal history, social

background, weapon use, drug use

and treatment, and other issues. Data

were collected from a sample of 4,041

Federal inmates selected from 135

Federal prisons to be representative 

of the 89,072 sentenced inmates held

in BOP owned and operated facilities

on June 30, 1997.

The accuracy of estimates derived

from the survey depends on sample

and nonsampling error. While the

extent of nonsampling error in any

survey is unknown, estimates of the

sampling error associated with the

1997 survey of inmates can be

obtained by using the formula &

S ̄,p= 38.776 x p(100 − p)

where: p is the percentage of inmates

with a particular characteristic

x is the estimated population 

corresponding to p

Statistics describing arrests made by

local law enforcement agencies were

obtained from the FBI’s Uniform Crime

Reports data series for 1992 through

1997 (ICPSR 6316, 6545, 6669, 6850,

2389, 2764). 

Defendants

A defendant, offender, or suspect is a

person or organization against whom

specific action has been taken by

Federal law enforcement, U.S. attorneys, or the Federal judiciary.

Defendants identified in multiple

proceedings or cases are counted

multiple times. A defendant charged

with multiple firearm offenses was

counted only once unless the defendant was charged in separate cases.

For more information on general data

analysis procedures, see Reconciling

Federal Criminal Case Processing

Statistics, BJS report, September

1999, NCJ 171680. 

Offense selection

For Federal offenders, the firearm

offense, unless otherwise indicated,

was selected from all offenses investigated by U.S. attorneys, charged by

U.S. attorneys in U.S. district courts, or

for which the defendant was convicted.

In other BJS reports describing Federal

offenses and offenders, such as the

Compendium of Federal Justice Statistics, the offense selected was the most

serious offense. Seriousness is based

on the applicable statutory penalties.

Time-series models

Estimates of the impact of Bailey v.

United States on the number of defendants charged with 18 U.S.C. § 924(c)

were derived using ARIMA models.

ARIMA models are built empirically

from available data and test for

changes in the underlying process of a

time series due to some intervention

such a policy change, new legislation,

or a court decision. (See Richard

McCleary and Richard A. Hay, Jr., 

Applied Time Series Analysis for the

Social Sciences (1980).) For other

applications of ARIMA describing the

impact of changes in Federal criminal

justice policy on case processing

events, see United States Sentencing

Commission, Federal Sentencing

Guidelines: A Report on the Operation

of the Guidelines System and Shorterm Impacts on Disparity in Sentencing, use of Incarceration, and

Prosecutorial Discretion and Plea

Bargaining (December 1991).

As part of the time series analysis, data

describing the number of defendants

charged with a § 924(c) offense are

aggregated into monthly observations

and plotted over time & both before

and after the relevant policy change. 

In the context of ARIMA, the Bailey

decision is an intervention, or “shock,”

that causes a change in the number 

of defendants charged with a § 924(c)

offense.

 

Other factors incorporated into the

ARIMA model that could affect the

number of defendants charged with a 

§ 924(c) include the number of defendants charged with violent or drug

trafficking offenses & offenses that

predicate a § 924(c) charge. 

After declining from a peak of 25,033

defendants charged during 1992 to

21,905 during 1994, the number of

defendants charged with a drug

Federal Firearm Offenders, 1992-98 11

Data source: Administrative Office of the U.S. Courts, criminal master file, fiscal year.

*Intervention significant at 0.05 or less.

φ1 -0.425 0.10 -4.08*

ω3Drugt 0.104 0.02 5.75*

ω2Violentt 0.120 0.09 1.30

ω1Baileyt -73.771 31.43 -2.35*

μ 0.314 2.68 0.12

Parameter Estimate Standard error t-value

yt = μ + ω1Baileyt + ω2Violentt + ω3Drugt + ( φ1(Yt -Yt-1))

Appendix table 1. ARIMA parameter estimates: Defendants

charged with 18 U.S.C. § 924(c), 1992-98
offense increased from 22,929 to

29,472 between 1995 and 1998. The

number charged with violent offenses,

particularly robbery, while lower than

the 1992 level, remained stable

between 1994 and 1998 (Administrative Office of the U.S. Courts, Judicial

Business of the United States Courts,

annual.)

The ARIMA model derived suggests

that the Bailey decision had a statistically significant impact on the number

of defendants charged with a § 924(c)

offense (appendix table 1). The

number of defendants charged with a

drug trafficking offense was also a

statistically significant determinant. 

The estimate of the number of defendants that ought to have been charged

with a § 924(c) offense absent the

Bailey decision was derived by applying the parameters estimated from the

ARIMA model (appendix figure 1 and

appendix table 1). The estimate was

derived by excluding the 7o1Baileyt

parameter from the model. During the

observation period, 16,028 defendants

were actually charged with a § 924(c)

offense. The total number of defendants that would have been charged

with a § 924(c) offense during this

period & absent Bailey & was

estimated at 18,554, or 2,526 more

than the actual number.

Estimating the impact of guideline

sentence enhancements

The impact of guideline sentence

enhancements for weapon use or

possession (table 8) was estimated

using the methodology originally developed for estimating the impact of

amendments to the Federal sentencing guidelines on the Federal prison

population. As part of the U.S. Sentencing Commission’s prison impact

methodology, defendants

are theoretically “resentenced,” assuming

changes in the application

of relevant sections of the

Federal sentencing guidelines. For instance, in this

exercise actual sentences

imposed were compared to

sentences that would have

been imposed had the

defendant not received the

guideline enhancement for

weapons use. Twelve

sections of the Federal

sentencing guideline include

enhancements for weapons

use: U.S.S.G. §§ 2A2.2,

2A2.3, 2A2.4, 2B2.4, 2B2.3,

2B3.1, 2B3.2, 2B5.1, 2D1.1,

2D1.11, 2E2.1, 2L1.1. The

weapons enhancement for

§ 2B5.1 became effective

November 1, 1994; the

weapons enhancement for

§ 2L1.1 became effective

November 1, 1996.

Appendix figure 1

1992 1993 1994 1995 1996 1997 1998

0

50

100

150

200

250

300

350

Number of defendants

Estimate (assuming no Bailey)

Actual

Impact of Bailey v. United States on the number of defendants 

charged with using a firearm during the commission of an offense, 

persuant to 18 U.S.C. ˆ 924(c), 1992-98

Note: Counts are monthly. The Supreme Court announced its decision in Bailey v. United States

on December 5, 1995. The estimate reflects the number of defendants who would have been

charged with ˆ 924(c) absent the Bailey decision but other factors remaining the same.

Data source: Administrative Office of the U.S. Courts, criminal master file.

Note: The bold font indicates the base population for the table or figure in the report;

the other counts are provided for informational purposes.

Appendix table 3 Defendants charged with a firearm offense 6,397 4,313

not applicable

not applicable

2,385

3,393

924(c)

Guideline

Defendants charged with 18 U.S.C. ˆ 924(c) or

who received a sentence enhancement for firearm

use pursuant to the Federal sentencing guidelines

Bailey figure

3,856 2,689

Defendants sentenced to Federal prison for a 

firearm offense

Figure 2

4,742

1,279

7,721

1,319

Investigated

Declined

Defendants investigated by U.S. attorneys for 

a firearm violation

Figure 1

not applicable

not applicable

1,337

3,393

924(c)

Guideline

Defendants receiving a sentence enhancement

pursuant to 18 U.S.C. ˆ 924(c) or the Federal

sentencing guidelines for firearm use

Table 8

198 not applicable

Defendants receiving a sentencing guideline

enhancement pursuant to U.S.S.G. ˆ 4B1.4 for

being an “armed career offender”

Table 7

Table 6 Defendants convicted of a firearm offense 4,180 2,959

Table 5 Defendants charged with an 18 U.S.C. ˆ 924(c) offense 2,132 not applicable

Table 4 Defendants convictd of a receipt of transfer offense 341 262

Table 3 Defendants charged with a firearm possession offense 5,419 3,758

Table 2 Defendants charged with a firearm offense 6,397 4,313

Defendants for whom U.S. attorneys declined to 1,319 1,279

prosecute a firearm offense prior to charging the

suspect in U.S. district court

Table 1

All other 978 555

Possession 5,419 3,758

Highlights Defendants charged with a firearm offense Total 6,397 4,315

Most serious

offense

Any

Table or figure Description of base offense

Number of suspects or

defendants with firearm

offense as &

Appendix table 2. Base populations for table and figures, 1998
Once a guideline parameter has been

adjusted, the defendant is generally

re-sentenced in the new guideline

range at the same relative position as

the actual sentence in the actual guideline range. Exceptions exist when the

defendant was sentenced outside of

the guideline range, when the defendant is moving in or out of a range that

does not prescribe a sentence of

imprisonment, or when the defendant

is moving in or out of a range that

includes or prescribes a sentence of

life imprisonment. For example, in the

general re-sentencing model, if a

defendant actually received a sentence

at the midpoint of the guideline

sentencing range, he would be

re-sentenced to the midpoint of the

new guideline range. 

Federal Firearm Offenders, 1992-98 13

Continued on page 14 

Possession 2,884 2,541 2,450 2,958 2,313 2,136 2,385 2,222

(c), Use or possession of a firearm during the commission

of a violent or drug trafficking offense

Transfer 74 74 98 70 105 104 97 90

(b), Shipment, transportation, or receipt of a firearm with

the intent to commit a felony or with reasonable knowledge that a felony will be committed

Penalty provision only (a), False statements relating to the importation, manufacture, distribution, shipment or receipt of firearms

18 U.S.C. § 924

18 U.S.C. § 923, Licensing for firearm sales Regulatory 1 0 1 10 3 3 2 0

Transfer 0 0 0 0 0 0 3 9

(x), Unlawful transfer to, or possession of a handgun 

by a juvenile

Possession 0 0 0 0 0 0 0 0

(w), Unlawful transfer or possession of a large capacity

feeding device

Possession 0 0 0 0 0 0 0 0

(v), Unlawful manufacture, transfer, or possession 

of a semi-automatic weapon

(u), Theft of firearm from retailer Possession 0 0 0 0 0 0 0 7

System on November 30, 1998

(t), Failure to comply with Brady Handgun Prevention Act Regulatory Effective following the implementation of the National Instant Check 

Regulatory 0 0 0 0 0 0 0 0

(s), Distribution of firearms by retailer in violation of 5-day

waiting period

(r), Assembly of a firearm identical to a banned firearm Possession 0 0 0 0 0 0 0 0

(q), Possession of a firearm in a school zone Possession 55 28 4 9 59 64 80 105

Possession 0 0 0 0 0 0 0 0

(p) Manufacture, transfer, possess any firearm not detectable by walk-through metal detectors or x-ray machines

(o), Possession of a machine gun Possession 70 66 70 135 145 146 144 138

Possession 47 54 89 73 161 169 280 276

(n), Shipment, transportation, or receipt of firearms by a

person under indictment for a felony offense

(m), Record keeping violation Regulatory 41 49 49 26 26 21 27 23

(l), Unlawful importation of firearms Regulatory 5 10 2 1 16 7 6 8

Possession 165 193 164 160 158 157 148 127

(k), Transportation, shipment, or receipt of firearms with

obliterated or altered serial numbers

(j), Possession of stolen firearms Possession 121 122 112 126 241 233 222 219

(i), Shipment of stolen firearms Possession 36 14 10 30 54 57 31 40

Possession 7 5 5 8 9 10 1 1

(h), Receipt of firearms by a person employed 

by a prohibited person

(g), Possession of a firearm by a prohibited person Possession 2,603 2,211 1,880 2,018 2,068 2,208 2,513 2,950

(f), Unlawful transportation by common carrier Regulatory 7 8 11 8 3 1 5 4

(e), Unlawful shipment of firearms Transfer 24 29 22 24 42 31 33 27

(d), Distribution of firearms to prohibited persons Transfer 91 122 190 164 100 89 103 97

Transfer 12 18 19 15 60 101 73 61

(c), Distribution of firearms to a person not present in

business establishment

Transfer 88 157 175 229 86 54 54 56

(b), Distribution of firearms to underage persons, nonresidents, or in violation of State law

Transfer 604 633 580 545 314 279 300 391

(a), Unlawful importation, manufacture, distribution,

shipment, or receipt of firearms, including making

false statement to obtain firearms

18 U.S.C. § 922

7,621 7,086 6,756 7,044 6,191 5,993 6,397 6,728

Total of defendants charged with a firearm offense

(Defendants receiving multiple charges for different,

specific statutory offenses are counted once in the

total but are represented multiple times in the detail.) 

Preliminary

1992 1993 1994 1995 1996 1997 1998 1999

Type of

Statutory provision violation

Number of defendants charged with a firearm offense in the year 

the offense was charged (multiple counts against a defendant 

for a single statute counting as a single charge)

Appendix table 3. Charges of Federal firearm offenses against defendants, by type of violation, 1992-99
 

Note: The type of violation category is for statistical reporting purposes

and implies no legal basis. The available data preclude the reporting

of statistics below the first major subsection level. Data for 1999 are 

preliminary. See Methodology, page 10. 

Data source: Administrative Office of the U.S. Courts, criminal master file, fiscal year.

(l), Making a false entry on any required application Regulatory 0 0 1 1 1 0 1 0

Possession 12 8 22 16 4 3 2 2

(k), Receiving or possessing a firearm unlawfully imported

into the U.S.

(j), Delivering or receiving an unregistered firearm Transfer 8 4 0 12 11 16 2 2

Possession 79 37 39 29 41 30 19 14

(i), Receiving or possessing a firearm without a serial

number

Possession 27 13 11 9 18 15 10 11

(h), Receiving or possessing a firearm with an obliterated

serial number

Possession 0 2 1 2 0 5 0 0

(g), Obliterating, removing, or changing the serial number

on a firearm

(f), Making firearms Possession 56 40 36 35 48 21 25 33

(e), Unlawful transfer Transfer 71 60 61 56 40 20 19 20

Possession 714 501 377 402 378 330 302 271

(d), Receipt or possession of certain firearms for which

registration is required

Possession 28 30 19 20 40 40 25 25

(c), Receipt or possession of an unlawfully manufactured

firearm

(b), Receive or possess a firearm unlawfully transferred Possession 14 21 18 1 0 2 0 0

Regulatory 13 11 6 24 10 13 4 6

(a), Engage in a firearm business without registering or

paying occupancy tax 

26 U.S.C. § 5861,

26 U.S.C. § 5842, Identification of Firearms Regulatory 6 13 8 7 7 8 7 4

26 U.S.C. § 5841, Registration of Firearms Regulatory 46 75 70 91 79 83 72 62

Regulatory 13 10 13 13 44 17 15 9

26 U.S.C. § 5822, Manufacture of firearms (registration 

and taxation)

Regulatory 12 28 24 14 3 5 8 3

26 U.S.C. § 5812, Transfer of firearms (registration and

taxation)

Possession 82 51 34 17 24 22 31 34

18 U.S.C. § 930, Possession of a firearm or dangerous

weapons in Federal facilities 

Possession 2 2 1 7 1 0 0 0

18 U.S.C. § 929, Use of restricted ammunition during the

commission of a violent or drug trafficking offense

(n), Conspiracy to commit 18 U.S.C. § 924(c) Possession 0 0 0 0 0 0 0 0

(m), Interstate or foreign travel to obtain firearms Possession 0 0 0 0 0 0 0 0

Possession 0 0 0 0 0 0 0 0

(l), Theft of a firearm from a licensed importer,

manufacturer, dealer, or collector

Possession 0 0 0 0 0 0 0 0

(k), Theft of a firearm moved in interstate or foreign

commerce

Possession 0 0 0 0 0 0 0 5

(j), Smuggling firearms with the intent to commit a violent

crime or a controlled substance offense

Penalty provision only, substantive offense 18 U.S.C. §§ 922(u) and 924(c) (i), Use of a firearm during the commission of a felony

offense resulting in death

Transfer 0 0 0 25 54 71 60 34

(h), Transfer of a firearm with reasonable knowledge that

the firearm will be used to commit a crime of violence or

drug trafficking offense

Possession 5 2 1 24 39 17 13 21

(g), Interstate or foreign acquisition of a firearm by a prohibited person

Possession 0 0 1 26 60 34 22 39

(f), Possession of a gun not detectable by walk-through

metal detectors or airport x-ray machines

Penalty provision only, substantive offense 18 U.S.C. § 922(g)

(e), Possession of a firearm by a person with three prior

convictions for a violent felony or serious drug trafficking

offense

Not applicable (d), Seizure and forfeiture of firearms involved or used in

knowing firearm violations

18 U.S.C. § 924 continued

Prelimi1992 1993 1994 1995 1996 1997 1998 nary 1999

Type of

Statutory provision violation

Number of defendants charged with a firearm offense in the year 

the offense was charged (multiple counts against a 

defendant for a single statute counting as a single charge)

Appendix table 3. Continued
Federal Firearm Offenders, 1992-98 15

The Bureau of Justice Statistics is the 

statistical agency of the U.S. Department 

of Justice. Jan M. Chaiken, Ph.D., is director.

BJS Special Reports address a specific topic 

in depth from one or more data sets that cover

many topics.

John Scalia, BJS Statistician, wrote the report.

Urban Institute staff, under the supervision 

of William J. Sabol, and Greg Steadman of BJS

provided a statistical review. David Rauma of

the Federal Judicial Center provided methodological guidance. Caroline Wolf Harlow, BJS,

provided tables describing data from the Survey

of Federal Inmates. Dr. Harlow, David Levin of

BJS, and Pierre St. Hilaire, DOJ Criminal

Division, assisted in the collection of data from

presentence reports. The staff of the Administrative Office of the U.S. Courts, under the

supervision of Steven Schlesinger, Ph.D.,

provided a substantive review, as did Steve

Shandy of the DOJ Criminal Division. U.S.

Sentencing Commission staff, under the supervision of Louis Reedt, selected presentence

investigation reports for review by BJS and

provided substantive comments. Tom Hester

produced and edited the report. Jayne Robinson prepared the report for final publication.

June 2000, NCJ 180795

Data from the Federal Justice Statistics

Program are compiled by the Bureau of

Justice Statistics from the source files of

several Federal agencies. Data can be

obtained on CD-ROM from the Bureau of

Justice Statistics Clearinghouse, 1-800-732-

3277, or from the Federal Justice Statistics

Resource Center located on the Internet:

 

http://fjsrc.urban.org

The resource center, as well as the report

and supporting documentation, are also

accessible through the BJS website: 

 http://www.ojp.usdoj.gov/bjs/

Data from the FBI’s Uniform Crime Report

program can be obtained from the National

Archive of Criminal Justice Data at the

University of Michigan. The National Archive

is accessible through the BJS web site.

Recent editions of the FBI’s annual report

Crime in the United States are accessible

through the FBI’s website:

http://www.fbi.gov/ucr.htm

 

Federal Firearm Offenders, 1992-98 17

In this report, released on June 4,

2000, BJS published preliminary statistics describing the number of defendants charged with a firearm offense

during fiscal year 1999. Most of the

analyses dealt with data from 1992

through 1998. Before the report was

sent to final print, this addendum was

added to update the preliminary statistics with the final statistics for 1999. 

During 1999, 7,146 defendants were

charged with a firearm offense in U.S.

district courts (table 2). Of these, 84%

were charged with a possession

offense, 7% with a receipt or transfer

offense, 1% with a regulatory offense,

and 8% with other firearms-related

offenses.

Although the number of defendants

charged with a Federal firearm offense

has not returned to the 1992 level, the

number of prosecutions during 1999

was greater than the number charged

during each of the years 1993-98.

Despite the 6% overall decrease

between 1992 and 1999, the number of

defendants charged during 1999 represents a 20% increase over the low

attained during 1997. 

The increase between 1997 and 1999

is primarily attributable to increases in

the number of defendants charged with

possession of a firearm by a prohibited

person (18 U.S.C. ˆ 922(g)) and use 

of a firearm during a violent or drug

trafficking offense (18 U.S.C. ˆ 924(c))

(appendix table 3). After 1997 the

number of defendants charged with 

922(g) increased 41% from 2,208 

to 3,114. The number charged with 

ˆ 924(c) increased 10% from 2,136 

to 2,347.

While the number of defendants

charged with ˆ 924(c) generally

increased between 1997 and 1999, on

a monthly basis, the number of defendants charged during 1999 remained

below the pre-Bailey level (figure). The

number of defendants receiving a

guideline enhancement for weapon use

remained at the higher level attained

following Bailey. 

1992 1994 1996 1998 1999

0

50

100

150

200

250

300

350

Number of defendants

decided Bailey v. United States

924(c) enhancement

U.S. Supreme Court

Guideline enhancement

Note: Statistics represent any offense charged. In other BJS reports, 

some of these defendants may have been categorized differently based on the 

most serious offense charged, as determined by potential sentence length. a

"Other” violations are primarily State offenses prosecuted in U.S. district 

courts pursuant to the Assimilated Crimes Act (18 U.S.C. ˆ 13). Court records 

contain no information describing the nature of these offenses. b

Statistics for 1999 are final, made available after the release of the report. 

Data source: Administrative Office of the U.S. Courts, criminal master file, fiscal years 1992-99.

1999 7,146 6,019 476 53 598 b

1998 6,397 5,419 453 64 461

1997 5,993 4,872 475 67 579

1996 6,191 4,943 467 62 719

1995 7,044 5,157 746 82 1,059

1994 6,756 4,585 743 81 1,347

1993 7,086 5,093 639 83 1,271

1992 7,621 5,911 488 54 1,168

Othera Total Possession Transfer Regulatory

Type of firearm offense

Table 2. Defendants charged in U.S. district courts with a firearm offense, 

by type of offense, 1992-99
Continued on page 19 

Possession 2,884 2,541 2,450 2,958 2,313 2,136 2,385 2,347

(c), Use or possession of a firearm during the commission

of a violent or drug trafficking offense

Transfer 74 74 98 70 105 104 97 90

(b), Shipment, transportation, or receipt of a firearm with

the intent to commit a felony or with reasonable knowledge that a felony will be committed

Penalty provision only (a), False statements relating to the importation, manufacture, distribution, shipment or receipt of firearms

18 U.S.C. § 924

18 U.S.C. § 923, Licensing for firearm sales Regulatory 1 0 1 10 3 3 2 0

Transfer 0 0 0 0 0 0 3 9

(x), Unlawful transfer to, or possession of a handgun 

by a juvenile

Possession 0 0 0 0 0 0 0 0

(w), Unlawful transfer or possession of a large capacity

feeding device

Possession 0 0 0 0 0 0 0 0

(v), Unlawful manufacture, transfer, or possession 

of a semi-automatic weapon

(u), Theft of firearm from retailer Possession 0 0 0 0 0 0 0 7

System on November 30, 1998

(t), Failure to comply with Brady Handgun Prevention Act Regulatory Effective following the implementation of the National Instant Check 

Regulatory 0 0 0 0 0 0 0 0

(s), Distribution of firearms by retailer in violation of 5-day

waiting period

(r), Assembly of a firearm identical to a banned firearm Possession 0 0 0 0 0 0 0 0

(q), Possession of a firearm in a school zone Possession 55 28 4 9 59 64 80 108

Possession 0 0 0 0 0 0 0 0

(p) Manufacture, transfer, possess any firearm not detectable by walk-through metal detectors or x-ray machines

(o), Possession of a machine gun Possession 70 66 70 135 145 146 144 145

Possession 47 54 89 73 161 169 280 288

(n), Shipment, transportation, or receipt of firearms by a

person under indictment for a felony offense

(m), Record keeping violation Regulatory 41 49 49 26 26 21 27 24

(l), Unlawful importation of firearms Regulatory 5 10 2 1 16 7 6 9

Possession 165 193 164 160 158 157 148 130

(k), Transportation, shipment, or receipt of firearms with

obliterated or altered serial numbers

(j), Possession of stolen firearms Possession 121 122 112 126 241 233 222 252

(i), Shipment of stolen firearms Possession 36 14 10 30 54 57 31 42

Possession 7 5 5 8 9 10 1 2

(h), Receipt of firearms by a person employed 

by a prohibited person

(g), Possession of a firearm by a prohibited person Possession 2,603 2,211 1,880 2,018 2,068 2,208 2,513 3,114

(f), Unlawful transportation by common carrier Regulatory 7 8 11 8 3 1 5 4

(e), Unlawful shipment of firearms Transfer 24 29 22 24 42 31 33 27

(d), Distribution of firearms to prohibited persons Transfer 91 122 190 164 100 89 103 102

Transfer 12 18 19 15 60 101 73 62

(c), Distribution of firearms to a person not present in

business establishment

Transfer 88 157 175 229 86 54 54 57

(b), Distribution of firearms to underage persons, nonresidents, or in violation of State law

Transfer 604 633 580 545 314 279 300 405

(a), Unlawful importation, manufacture, distribution,

shipment, or receipt of firearms, including making

false statement to obtain firearms

18 U.S.C. § 922

7,621 7,086 6,756 7,044 6,191 5,993 6,397 7,146

Total of defendants charged with a firearm offense

(Defendants receiving multiple charges for different,

specific statutory offenses are counted once in the

total but are represented multiple times in the detail.) 

1992 1993 1994 1995 1996 1997 1998 1999

Type of

Statutory provision violation

Number of defendants charged with a firearm offense in the year 

the offense was charged (multiple counts against a defendant 

for a single statute counting as a single charge)

Appendix table 3. Charges of Federal firearm offenses against defendants, by type of violation, 1992-99
Federal Firearm Offenders, 1992-98 19

Note: The type of violation category is for statistical reporting purposes

and implies no legal basis. The available data preclude the reporting

of statistics below the first major subsection level. Data for 1999 are 

final, made available after the release of the report. 

Data source: Administrative Office of the U.S. Courts, criminal master file, fiscal year.

(l), Making a false entry on any required application Regulatory 0 0 1 1 1 0 1 0

Possession 12 8 22 16 4 3 2 2

(k), Receiving or possessing a firearm unlawfully imported

into the U.S.

(j), Delivering or receiving an unregistered firearm Transfer 8 4 0 12 11 16 2 2

Possession 79 37 39 29 41 30 19 15

(i), Receiving or possessing a firearm without a serial

number

Possession 27 13 11 9 18 15 10 11

(h), Receiving or possessing a firearm with an obliterated

serial number

Possession 0 2 1 2 0 5 0 1

(g), Obliterating, removing, or changing the serial number

on a firearm

(f), Making firearms Possession 56 40 36 35 48 21 25 33

(e), Unlawful transfer Transfer 71 60 61 56 40 20 19 21

Possession 714 501 377 402 378 330 302 281

(d), Receipt or possession of certain firearms for which

registration is required

Possession 28 30 19 20 40 40 25 28

(c), Receipt or possession of an unlawfully manufactured

firearm

(b), Receive or possess a firearm unlawfully transferred Possession 14 21 18 1 0 2 0 0

Regulatory 13 11 6 24 10 13 4 6

(a), Engage in a firearm business without registering or

paying occupancy tax 

26 U.S.C. § 5861,

26 U.S.C. § 5842, Identification of Firearms Regulatory 6 13 8 7 7 8 7 4

26 U.S.C. § 5841, Registration of Firearms Regulatory 46 75 70 91 79 83 72 64

Regulatory 13 10 13 13 44 17 15 9

26 U.S.C. § 5822, Manufacture of firearms (registration 

and taxation)

Regulatory 12 28 24 14 3 5 8 3

26 U.S.C. § 5812, Transfer of firearms (registration and

taxation)

Possession 82 51 34 17 24 22 31 45

18 U.S.C. § 930, Possession of a firearm or dangerous

weapons in Federal facilities 

Possession 2 2 1 7 1 0 0 0

18 U.S.C. § 929, Use of restricted ammunition during the

commission of a violent or drug trafficking offense

(n), Conspiracy to commit 18 U.S.C. § 924(c) Possession 0 0 0 0 0 0 0 0

(m), Interstate or foreign travel to obtain firearms Possession 0 0 0 0 0 0 0 0

Possession 0 0 0 0 0 0 0 0

(l), Theft of a firearm from a licensed importer,

manufacturer, dealer, or collector

Possession 0 0 0 0 0 0 0 0

(k), Theft of a firearm moved in interstate or foreign

commerce

Possession 0 0 0 0 0 0 0 6

(j), Smuggling firearms with the intent to commit a violent

crime or a controlled substance offense

Penalty provision only, substantive offense 18 U.S.C. §§ 922(u) and 924(c) (i), Use of a firearm during the commission of a felony

offense resulting in death

Transfer 0 0 0 25 54 71 60 40

(h), Transfer of a firearm with reasonable knowledge that

the firearm will be used to commit a crime of violence or

drug trafficking offense

Possession 5 2 1 24 39 17 13 23

(g), Interstate or foreign acquisition of a firearm by a prohibited person

Possession 0 0 1 26 60 34 22 39

(f), Possession of a gun not detectable by walk-through

metal detectors or airport x-ray machines

Penalty provision only, substantive offense 18 U.S.C. § 922(g)

(e), Possession of a firearm by a person with three prior

convictions for a violent felony or serious drug trafficking

offense

Not applicable (d), Seizure and forfeiture of firearms involved or used in

knowing firearm violations

18 U.S.C. § 924 continued

1992 1993 1994 1995 1996 1997 1998 1999

Type of

Statutory provision violation

Number of defendants charged with a firearm offense in the year 

the offense was charged (multiple counts against a 

defendant for a single statute counting as a single charge)

Appendix table 3. Continued