The statutory maximum is only one part of federal firearm sentencing. The guideline calculation often drives the practical sentencing range.
Base offense level depends on the offense and record
Section 2K2.1 uses different base levels depending on firearm type, prohibited status and qualifying prior convictions. The exact version of the Guidelines Manual matters.
Specific offense characteristics can add levels
Number of firearms, stolen firearms, serial-number issues, trafficking and possession in connection with another felony are recurring enhancements. Each has definitions and case law.
Cross references can substantially change the calculation
If a firearm was used or possessed in connection with another offense, cross references can move the calculation to another guideline in specified circumstances.
Guidelines are advisory but still central
After Booker, the Guidelines are advisory, but federal courts must calculate the range correctly and consider it with the 18 U.S.C. § 3553(a) factors.
How to research your own record
- Get the judgment, charging statute and sentencing/discharge records.
- Identify the exact state and federal firearm disabilities that may apply.
- Verify whether any expungement, pardon, set-aside or restoration order changes the conviction for firearm-law purposes.
- Check current statutes and controlling appellate decisions before possessing, receiving or purchasing a firearm or ammunition.
Use the 50-state + D.C. directory, the § 922(g) guide, and the federal restoration guide for the next layer of research.