A wide range of different sentencing guidelines exists for “felony firearms” across all the states. A number of states mandate very specific penalties for those convicted of “felony firearms,” leaving no discretion to the judge. For example, Michigan mandates exactly two years in prison (upon the first conviction). A few other states, such as South Carolina and Connecticut, use the same system. On the other extreme, Nebraska mandates a minimum of one year in prison, but the judge may sentence someone convicted of “felony firearms” to fifty years in prison. Some states require no mandatory minimum, and New York even allows the judge to waive the sentence if he sees fit.
In terms of lowest minimum sentence for “felony firearms,” Michigan falls about in the middle, a little closer to the bottom than the top (with the top of the list containing the lowest sentences in both lists). As for the maximum sentence for “felony firearms,” Michigan finds itself closer to the middle than the top, but still a respectable position of twelfth of thirty-five states.
In several states, including Michigan, repeat offenders (even prior felons in a few states) can or must receive much longer sentences for “felony firearms.” Michigan, for example, requires a sentence of five years for the second offense and ten for the third, all on top of the underlying offense. Other states allow for larger increases and longer sentences for repeat offenders. Florida and Missori permit a maximum sentence of thirty years for repeat offenders, fifteen years longer than the maximum allowed for first time offenders.
Perhaps the most notable aspect of these laws does not relate to the sentencing guidelines, but to the absence of a law criminalizing possession of a firearm while committing a crime in fifteen states. These states do not seem to follow any particular pattern, nor do the sentencing guidelines of the states who retain “felony firearms” laws. No obvious pattern of red states, blue states, or any geographical region imposing harsher or more lenient penalties exists.