Legal Opinion

Applicability of Ten-Year Minimum Sentence to Semiautomatic Assault Weapons

Department of Justice Office of Legal Counsel

Decided November 24, 2009Published

1Opinion of the Court

Applicability of Ten-Year Minimum Sentence to Semiautomatic Assault Weapons Semiautomatic assault weapons are no longer among the firearms to which the ten-year minimum sentence in 18 U.S.C. § 924(c)(1)(B)(i) 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 the Criminal Division and the Bureau 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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