[Federal Register Volume 59, Number 95 (Wednesday, May 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12050]


[[Page Unknown]]

[Federal Register: May 18, 1994]


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DEPARTMENT OF JUSTICE
28 CFR Part 2

 

Paroling, Recommitting, and Supervising Federal Prisoners: 
Possession and Distribution of Ammunition

AGENCY: Parole Commission, Justice.

ACTION: Final rule.

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SUMMARY: The U.S. Parole Commission is clarifying its paroling policy 
guidelines at 28 CFR 2.20 on rating the offenses of unlawful possession 
and distribution of ammunition. The rule provides an offense severity 
rating of Category Three for possessing or distributing ammunition of a 
single caliber. A Category Four rating is to be used when the prisoner 
has possessed or distributed ammunition of different calibers, or a 
combination of a single weapon and ammunition that has a caliber 
different from that of the weapon. The expanded offense examples 
outlined in this rule will serve the purpose of ensuring a consistent 
approach to the rating of ammunition possession/distribution offenses.

EFFECTIVE DATE: June 17, 1994.

FOR FURTHER INFORMATION CONTACT:
Rockne Chickinell, Office of the General Counsel, U.S. Parole 
Commission, 5550 Friendship Blvd., Chevy Chase, Maryland 20815, 
telephone (301) 492-5959.

SUPPLEMENTARY INFORMATION: In its paroling policy guidelines at 28 CFR 
2.20, the Commission has provided offense behavior severity ratings for 
crimes such as the possession of a weapon by a prohibited person (e.g., 
ex-felon) and unlawful distribution of weapons. See 28 CFR 2.20, 
Offense Behavior Severity Index, Chapter Eight, Subchapter B, 811-813. 
Up to now, the offense ratings specified in Chapter Eight have not 
included ratings for the unlawful possession or distribution of 
ammunition, and this omission has led to inconsistent evaluations of 
the severity of these crimes.

    In order to establish a consistent policy in rating ammunition 
offenses, the Commission proposed to expand the offense examples at 
Chapter Eight, Subchapter B to add specific instructions for the rating 
of these offenses. See 58 FR 65571-72 (December 15, 1993). As it noted 
in its publication of proposed rulemaking, the Commission concluded 
that Congress has accorded similar punishments for possessing/
distributing firearms and ammunition. Thus, the Commission determined 
that its guidelines for rating ammunition offenses should be similar to 
those guidelines already provided for firearms offenses. There was no 
public comment in response to the publication of the proposed rule.
    The Commission's guidelines for firearms offenses provide a 
Category Three rating for the prohibited possession or distribution of 
a single weapon (rifle, shotgun, or handgun) and a rating of Category 
Four when multiple weapons are possessed or distributed. Under the 
revised offense examples in the guidelines, possession or distribution 
of ammunition of a single caliber will receive a Category Three 
severity rating. However, if the prisoner has possessed or distributed 
ammunition of different calibers, the offense will be rated as Category 
Four severity. Possession or distribution of ammunition of different 
calibers justifies the inference that the offender either possessed 
different types of firearms, or was in a position to sell or barter for 
different types of firearms. The Category Four severity rating will not 
apply to different types of ammunition that could be fired from the 
same weapon. If the prisoner has possessed or distributed a single 
weapon and ammunition which does not correspond to the caliber of that 
firearm, then the severity rating will be Category Four.

Implementation

    This rule will be applied at all hearings held on or after the 
effective date.

Executive Order 12866 and Regulatory Flexibility Statement

    The U.S. Parole Commission has determined that this rule is not a 
significant regulatory action for the purposes of Executive Order 12866 
and, accordingly, this rule has not been reviewed by the Office of 
Management and Budget. This rule will not have a significant economic 
impact upon a substantial number of small entities, within the meaning 
of the Regulatory Flexibility Act, 5 U.S.C. 605(b).

List of Subjects in 28 CFR Part 2

    Administrative practice and procedure, Probation and parole, 
Prisoners.

    Accordingly, the U.S. Parole Commission is adopting the following 
amendment to 28 CFR part 2.

The Amendment

    (1) The authority citation for 28 CFR part 2 continues to read as 
follows:

    Authority: 18 U.S.C. 4203(a)(1) and 4204(a)(6).

    (2) 28 CFR part 2, Sec. 2.20 is amended by revising section 811 and 
paragraphs (c) and (d) of section 813, ``U.S. Parole Commission Offense 
Behavior Severity Index,'' Chapter Eight, Subchapter B--Firearms, to 
read as follows:


Sec. 2.20  Paroling policy guidelines: Statement of general policy.

* * * * *
U.S. Parole Commission Offense Behavior Severity Index
* * * * *
Chapter Eight  Offenses Involving Explosives and Weapons
* * * * *

Subchapter B--Firearms

811  Possession by Prohibited Person (e.g., ex-felon)

    (a) If single weapon (rifle, shotgun, or handgun) with ammunition 
of the same caliber, or ammunition of a single caliber (without 
weapon), grade as Category Three;
    (b) If multiple weapons (rifles, shotguns, or handguns), or 
ammunition of different calibers, or single weapon and ammunition of a 
different caliber, grade as Category Four.
* * * * *

813 Unlawful Distribution of Weapons or Possession With Intent to 
Distribute

* * * * *
    (c) If multiple weapons (rifles, shotguns, or handguns), or 
ammunition of different calibers, or single weapon and ammunition of a 
different caliber, grade as Category Four;
    (d) If single weapon (rifle, shotgun, or handgun) with ammunition 
of the same caliber, or ammunition of a single caliber (without 
weapon), grade as Category Three.
* * * * *
    Dated: May 6, 1994.
Edward F. Reilly, Jr.,
Chairman, U.S. Parole Commission.
[FR Doc. 94-12050 Filed 5-17-94; 8:45 am]
BILLING CODE 4410-01-M