A gun found alongside drugs can turn a federal drug case into something far more serious. Under 18 U.S.C. § 924(c), using or carrying a firearm during a drug trafficking crime or crime of violence, or possessing one in furtherance of it, carries a mandatory minimum of at least five years that must run consecutively to every other sentence.
This guide explains what § 924(c) requires, the mandatory minimums, why the consecutive-sentence rule matters so much, and how these charges are defended in the Eastern and Western Districts of Missouri.
The minimums
What is the mandatory minimum for 924(c)?
At least five years, on top of the sentence for the underlying crime.
5 years
Using or carrying a firearm during and in relation to the crime, or possessing one in furtherance of it.
7 years
If the firearm was brandished.
10 years
If the firearm was discharged, or if it was a short-barreled rifle or shotgun or a semiautomatic assault weapon.
30 years and more
For a machinegun, destructive device, or a firearm with a silencer. A second § 924(c) conviction after a prior one has become final carries at least 25 years.
Consecutive
Does a 924(c) sentence run consecutive?
Yes. By statute, it cannot run at the same time as any other sentence.
Under § 924(c)(1)(D), no § 924(c) sentence may run concurrently with any other term of imprisonment, including the sentence for the drug or violent crime itself, and the court may not impose probation. A person facing a 5-year drug minimum and a § 924(c) count faces at least 10 years in total.
The Supreme Court has held that a judge may consider the § 924(c) mandatory minimum when deciding the sentence for the underlying crime (Dean v. United States, 2017), which can matter at sentencing. And since the First Step Act of 2018, the 25-year minimum for a second § 924(c) applies only when the prior § 924(c) conviction was already final, which ended most “stacking” of multiple counts in a single case.
A person convicted under § 924(c) is also ineligible to earn First Step Act time credits in prison.
The elements
What does “in furtherance” of drug trafficking mean?
More than just having a gun nearby.
The government must prove the underlying federal drug trafficking felony or crime of violence, and that the person either used or carried a firearm “during and in relation to” it, or possessed one “in furtherance of” it.
“In furtherance” requires a connection between the gun and the drug crime: that the gun advanced or helped the drug activity, for example by protecting drugs or proceeds. A gun in a closet in a house where drugs are also found is not automatically enough. Courts look at things like where the gun was relative to the drugs, whether it was loaded and accessible, the type of gun, and whether it was legally owned.
What counts as a “crime of violence” has also narrowed. The Supreme Court struck down the statute’s residual clause in United States v. Davis (2019) and held that attempted Hobbs Act robbery does not qualify in United States v. Taylor (2022).
Defenses
How do you defend a 924(c) charge?
By attacking the connection, the possession, and the search.
- No nexus. The gun was present but did not further the drug crime: kept for hunting or home protection, unloaded, locked away, or far from the drugs.
- No possession. In a shared home or car, the government must prove the person knowingly possessed the gun.
- No predicate. If the underlying drug offense is not a federal drug trafficking felony, or the violent offense no longer qualifies as a crime of violence, § 924(c) fails.
- The search. Suppressing the gun or the drugs can end the count.
- Negotiation. Because the consecutive minimum is so heavy, whether a § 924(c) count is dismissed is often the most important term in a plea agreement.
See felon in possession under 922(g) and drug mandatory minimums.
FAQ
924(c) questions
Can the safety valve get me below a 924(c) minimum?
No. The safety valve applies to drug mandatory minimums, and a person who possessed a firearm in connection with the offense generally does not qualify for it anyway. Only a government substantial assistance motion can go below a § 924(c) minimum.
Is 924(c) the same as felon in possession?
No. Section 922(g) punishes possession by a prohibited person, with no mandatory minimum unless the Armed Career Criminal Act applies. Section 924(c) punishes a gun connected to a drug or violent crime, with a consecutive mandatory minimum. Both can be charged in the same case.
Does a legally owned gun count under 924(c)?
It can. Legal ownership is one factor in whether the gun was possessed in furtherance of the drug crime, but it is not a defense by itself.
Can I get probation on a 924(c) charge?
No. The statute prohibits probation and requires the sentence to run consecutively to any other sentence.
What is brandishing under 924(c)?
Displaying all or part of the firearm, or otherwise making its presence known, to intimidate a person, whether or not the gun is directly visible. It raises the minimum to seven years.
See our federal criminal defense page, or call 573-638-8529.
Talk to us
One count can double the sentence.
If you are facing a § 924(c) charge in Missouri federal court, call to talk through the case before any decision is made.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information about 18 U.S.C. § 924(c) as of October 2026, not legal advice, and it does not create an attorney-client relationship. The outcome of any case depends on its facts.
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