Abstract

To deter gun violence and punish gun offenders, Congress—like state legislatures—has repeatedly increased the penalties for illegal gun possession and the use of guns in the commission of other crimes. After several rounds of statutory increases, the penalties are now much higher than penalties for criminal conduct that accompanies gun possession and also very high relative to penalties for other serious offenses. By designating separate penalties for gun use, as high or higher than the penalties for many of the most serious traditional offenses, Congress has sent a deterrent message to would-be offenders and sought to incapacitate those who will not be deterred. Whether this message has been successful in altering the behavior of those who might otherwise commit gun offenses is an empirical question that other researchers are attempting to answer.

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