Arizona Gun Crimes
Congress enacted 18 U.S.C. §924(c)(1) to eliminate a judge's discretion in granting parole or probation to anyone who "uses or carries" a firearm "during and in relation to any crime of violence or drug trafficking crime." This is an offense, separate and apart from any other charges, which criminalizes the addition of the firearm to an otherwise "ordinary" robbery or narcotics trafficking crime. This separate crime carries an entirely separate minimum mandatory sentence which runs consecutive to the underlying offense with punishment ranging from five years imprisonment to life without parole. Section 924(c)(1) is most frequently used in conjunction with drug trafficking offenses, and it can transform a case that would involve a short or moderate term under the Sentencing Guidelines into a case with a mandatory, and very lengthy, term of imprisonment. Prosecutors now routinely charge both the underlying crime, i.e., robbery or drug trafficking, and the §924(c) charge, claiming that a firearm was "used" or "carried" "during" and "in relation to" the underlying offense.
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