What is the current state of the law in relation to the possession of a firearm under section 924(c) of the Criminal Code?

MultiRegion, United States of America

The following excerpt is from United States v. Herron, 15-1089-cr (2nd Cir. 2019):

We review questions of law de novo. United States v. Fullwood, 86 F.3d 27, 29 (2d Cir. 1996). Section 924(c) prohibits the use or carrying of a firearm in relation to, or possession of a firearm in furtherance of, a "crime of violence." 18 U.S.C. 924(c)(1)(A). A "crime of violence" is defined as a felony that (1) "has as an element the use, attempted use, or threatened use of physical force against the person or property of another" (the "force clause") or (2) "by its nature . . . involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense" (the "risk-of-force clause").4 Id. 924(c)(3)(A)-(B).

Other Questions


What is the current state of the law in relation to the possession of a firearm under section 924(c)(1) of the Criminal Code? (MultiRegion, United States of America)
What is the test for a federal conviction for a violation of section 11358 of the Criminal Code of New York City (the federal criminal code) of Section 11358, and what is the current state of the law on such a violation? (MultiRegion, United States of America)
What is the test for sustaining a conviction for "use" of a firearm under 18.C. c. section 924(c)(1) of the Federal Criminal Code? (MultiRegion, United States of America)
What are the elements for the drug trafficking and possession of a firearm under section 924(c)(1) of the New York State Criminal Code? (MultiRegion, United States of America)
How have courts dealt with the issue of possession of a firearm under section 924(c) of the Criminal Code? (MultiRegion, United States of America)
Is a conspiracy conviction under section 846 of the Criminal Code mandatory minimum sentence for conspiracy to commit a crime punishable by section 841 of the Federal Criminal Code? (MultiRegion, United States of America)
What is the test for a criminal charge under section 876 of the Criminal Code relating to the possession of a threatening letter? (MultiRegion, United States of America)
Can a criminal conviction under section 2113(a) of the Civil Code of Civil Procedure be brought under Section 2113 of the Criminal Code when a plaintiff is injured in an accident? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
What is the current state of the law in the context of sentencing under section 3553(c) of the Criminal Code and the Guidelines Guidelines? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.