AMENDMENT 471
The Commentary to §2K1.3 captioned "Application Notes" is amended by inserting the following additional note:
"11. As used in subsections (b)(3) and (c)(1), ‘another felony offense’ and ‘another offense’ refer to offenses other than explosives or firearms possession or trafficking offenses. However, where the defendant used or possessed a firearm or explosive to facilitate another firearms or explosives offense (e.g., the defendant used or possessed a firearm to protect the delivery of an unlawful shipment of explosives), an upward departure under §5K2.6 (Weapons and Dangerous Instrumentalities) may be warranted.".
The Commentary to §2K2.1 captioned "Application Notes" is amended in Note 15 by deleting "or (a)(5)" and inserting in lieu thereof "(a)(4)(B), or (a)(6)".
The Commentary to §2K2.1 captioned "Application Notes" is amended by inserting the following additional note:
"18. As used in subsections (b)(5) and (c)(1), ‘another felony offense’ and ‘another offense’ refer to offenses other than explosives or firearms possession or trafficking offenses. However, where the defendant used or possessed a firearm or explosive to facilitate another firearms or explosives offense (e.g., the defendant used or possessed a firearm to protect the delivery of an unlawful shipment of explosives), an upward departure under §5K2.6 (Weapons and Dangerous Instrumentalities) may be warranted.".
Reason for Amendment: This amendment clarifies the meaning of the terms "another felony offense’ and "another offense," and corrects a clerical error.
Effective Date: The effective date of this amendment is November 1, 1992.