Legal Opinion

Whether the Ten-Year Minimum Sentence in 18 U.S.C. § 924(c)(1)(b)(i) Applies to Semiautomatic Assault Weapons

Department of Justice Office of Legal Counsel

Decided November 24, 2009Published

1Opinion of the Court

WHETHER THE TEN-YEAR MINIMUM SENTENCE IN 18 U.S.C. § 924(c)(1)(B)(i) APPLIES TO SEMIAUTOMATIC ASSAULT WEAPONS Semiautomatic assault weapons are no longer among the firearms to which the ten-year minimum sentence in section 924(c)(1)(B)(i) of title 18 applies. November 24, 2009 MEMORANDUM OPINION FOR THE ASSISTANT ATTORNEY GENERAL CRIMINAL DIVISION You have asked whether possession of a semiautomatic assault weapon in furtherance of a crime of violence or drug trafficking crime is conduct that remains subject to a mandatory ten- year minimum sentence. Having carefully considered the views of…

2Cases cited20 opinions

  1. Bailey v. United StatesSupreme Court of the United States · 1995
  2. Posadas v. National City BankSupreme Court of the United States · 1936
  3. Erlenbaugh v. United StatesSupreme Court of the United States · 1972
  4. Carcieri v. SalazarSupreme Court of the United States · 2009
  5. Branch v. SmithSupreme Court of the United States · 2003

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