Criminal Justice: Amendment 828

Written by Alivia Keys and Dashell Rodriguez

Edited by Diana Ascencio and Anna Ramesh

Amendment 828 is a federal amendment that addresses conflicts between different federal circuits concerning the sentencing of firearm offenses. The circuit court hears appeals and other cases and is responsible for making laws. This amendment became effective on November 1st, 2024. It mainly affects cases where a firearm's serial number is modified or erased and other situations on how sentencing enhancements should be involved.

Federal amendments do not follow the same ratification process as state constitutional amendments. They actually usually involve a proposal and approval process within federal agencies or legislative bodies. In order for an amendment to be added to the Constitution, a proposal must have been passed by a two-thirds majority in both houses of Congress and then be ratified by three-fourths of state legislatures.

Overall, this amendment does not account for any kind of weapon enhancement for underlying offenses. Amendment 828 states explicitly that the offense characteristic regarding the firearms offense shouldn't be applied to the underlying offense when a sentence is set for a firearm offense with another offense.

The History

Amendment 828 was established to communicate inconsistencies in the application of sentencing for firearm offenses. This amendment more specifically highlights cases concerning firearms with altered serial numbers. It was created to better define firearm offenses and disparate sentencing outcomes. A similar case in the past was United States vs. Jones (2019), in which the Fifth Circuit upheld a district court's decision that the removal of a serial-number plate on firearms constituted as an alternation of the serial number. The case displays how there are varying interpretations of what constitutes as an altered serial number, which Amendment 828 aims to clarify.

Establishing Amendment 828 has strengthened the fairness in the criminal system by providing consistency in how firearm sentencing laws are applied across different federal circuits. It provides clear information to judges, resulting in reduced over-punishment and a more clear judicial process when handling firearm-related offenses. On top of that, amendment 828 helps contribute to criminal accountability by tracking firearms and deterring criminal activity involving untraceable weapons and firearm tampering. Overall, the amendment's mission is to enhance clarity in firearm sentencing, improve public safety, and foster fairness in criminal punishment.