The Commission proposes a two-part Amendment to §2K2.1, which entails the unlawful receipt,  possession, or transportation of firearms or ammunition. This would include an Amendments to §2K2.1 to address its “application to offenses involving machinegun conversion devices (MCDs),” and to §2K2.1(b), in order to establish a “mens rea requirement for the enhancements for stolen firearms and firearms with modified serial numbers.”

Conflicts Between The Circuit Courts of Appeal

The Commision proposes a two-part Amendment addressing conflicts between the Circuit Courts of Appeal relating to: 1) whether the “physically restrained” enhancement contained within §2B3.1 “can be applied to situations in which a victim is restricted from moving at gunpoint but is not otherwise immobilized through physical measures,” and 2) whether a traffic stop constitutes an “intervening arrest” for purposes of “determining whether multiple prior sentences should be counted separately or treated as a single sentence” pursuant to §4A1.2 of the Guidelines.

A good website link to learn about these proposed changes is:

https://www.ussc.gov/guidelines/amendments/proposed-2025-amendments-federal-sentencing-guidelines-published-december-2024