Legal Definitions - Armed Career Criminal Act (1984)

The Armed Career Criminal Act (ACCA) is a federal law enacted in 1984 that imposes a mandatory minimum sentence of 15 years in prison for individuals who illegally possess a firearm and have a history of at least three prior convictions for specific serious crimes. These qualifying prior offenses include violent felonies (like robbery or aggravated assault) or serious drug offenses (such as drug trafficking).

The ACCA is often referred to as a "three strikes" law because it targets repeat offenders. There is no time limit on how old the previous convictions can be, and even if a person received concurrent sentences (meaning they served time for multiple offenses simultaneously), those separate convictions can still count towards the three-strike requirement. However, multiple charges that arose from the very same criminal incident are generally not counted as separate convictions for the purpose of the ACCA.

It's important to note that certain aspects of the ACCA have been controversial. Specifically, the "residual clause," which gave courts broad discretion to decide what counted as a violent felony, was ruled unconstitutionally vague by the Supreme Court and is no longer enforceable.

Here are some examples to illustrate how the ACCA applies:

• Example 1: Repeat Drug Offender with a Firearm

  Imagine a person, Mr. Davies, who has three separate prior convictions: one for distributing heroin, another for manufacturing methamphetamine, and a third for possessing cocaine with intent to distribute. Years later, Mr. Davies is found to be illegally in possession of a handgun. Because he has at least three prior serious drug offense convictions and was caught with an illegal firearm, he would be subject to the ACCA's mandatory minimum sentence of 15 years in federal prison.

• Example 2: History of Violent Crimes and Illegal Gun Possession

  Consider Ms. Chen, who has a criminal record including a conviction for armed robbery, a separate conviction for aggravated assault, and another for burglary of a dwelling. If Ms. Chen is later arrested and found to be illegally carrying a concealed firearm, her three prior violent felony convictions would trigger the ACCA. This means she would face a mandatory minimum sentence of 15 years in prison for the illegal firearm possession charge, in addition to any other penalties.

• Example 3: Concurrent Sentences Counting Towards "Three Strikes"

  Mr. Evans was convicted of three distinct serious drug offenses that occurred at different times but resulted in concurrent sentences, meaning he served one period of incarceration that covered all three convictions. For instance, he might have been convicted of selling illegal drugs on three separate occasions, and the court ordered his sentences to run at the same time. If, after his release, Mr. Evans is later found to be illegally possessing a shotgun, the ACCA would apply. Even though he only served one continuous period of time in jail, the three separate underlying convictions for serious drug offenses would count, leading to the 15-year mandatory minimum sentence.