Starting level and typical ranges
These ranges use the starting level alone, before any of the facts listed below, for someone with no criminal record unless the column says otherwise. Most real cases add levels.
| Starting point | Level | Trial | Guilty plea | Plea + zero-point | Category IV, plea |
|---|---|---|---|---|---|
| Which of these fits: The person was not allowed to have explosives, or knowingly sold or gave explosives to someone who was not | 16 | 21–27 months | 12–18 months | 8–14 months | 24–30 months |
| Which of these fits: One earlier felony conviction for a violent crime or a drug trafficking crime | 20 | 33–41 months | 24–30 months | 18–24 months | 37–46 months |
| Which of these fits: Two or more earlier felony convictions for violent crimes or drug trafficking crimes | 24 | 51–63 months | 37–46 months | 30–37 months | 57–71 months |
| Which of these fits: Convicted under 18 U.S.C. §842(p)(2) | 18 | 27–33 months | 18–24 months | 12–18 months | 30–37 months |
| Which of these fits: None of these | 12 | 10–16 months | 6–12 months | 0–6 months | 15–21 months |
What changes the sentence
Each of these facts moves the offense level under §2K1.3. Adjustments that apply to every offense, such as role in the offense, obstruction, a guilty plea and criminal history, come after these.
| Fact | Effect | Rule |
|---|---|---|
| Weight of explosives: more than 25 pounds, rising in steps | +1 to +5 | §2K1.3(b)(1) |
| Did the person know, or have reason to believe, that any of the explosives were stolen: Yes | +2, at most level 29 | §2K1.3(b)(2) |
| Were the explosives tied to another felony: Yes, the explosives were used or possessed in connection with another felony, or were had or passed on knowing, intending or having reason to believe they would be | +4, at least level 18 | §2K1.3(b)(3) |
| Were the explosives tied to another felony: Yes, convicted under 18 U.S.C. §842(p)(2) | +4, at least level 18 | §2K1.3(b)(3) |
Important details
- If the person was convicted under §842(p)(2), or used or possessed the explosives in connection with committing or attempting another crime (other than an explosives or gun possession or trafficking offense), or possessed or transferred them knowing or intending they would be so used, the attempt guideline (§2X1.1) is applied to that other crime instead when it gives a higher level. For §842(p)(2) the other crime is the federal crime of violence (§2K1.3(c)(1)(A) and note 10).
- In those same situations, if someone died, the most similar homicide guideline applies instead when it gives a higher level (§2K1.3(c)(1)(B)).
- If the conduct in the count of conviction shows the offense involved a destructive device such as a bomb, the firearms guideline (§2K2.1) applies instead when it gives a higher level (§2K1.3, note 1).
- Earlier convictions that raise the starting level also count in the criminal record section.
- The calculator does not apply mandatory minimum sentences set by statute for this offense. If the statute of conviction requires one and it is higher than the range shown, the minimum controls; check the statute or ask a lawyer.
Frequently asked questions
What is the base offense level for illegal possession of explosives?
The guideline for illegal possession of explosives is §2K1.3 of the federal Sentencing Guidelines. Before any adjustments, its starting level depends on the facts: from level 12 to level 24. The table on this page lists each starting point.
What is the guideline range for illegal possession of explosives with no criminal history points and a guilty plea?
Using the first starting point in the table on this page (level 16) alone, a person with no criminal history points who pleads guilty scores 8–14 months (8 months to 1 year, 2 months), including the 2-level zero-point reduction. The facts listed under “What changes the sentence” can add levels, and the judge can sentence outside the range.
Is probation possible for illegal possession of explosives?
Possibly, with conditions. At the first starting point in the table with a guilty plea and the zero-point reduction the range is in Zone B, which allows probation with home detention, community confinement or intermittent confinement, unless the offense is a Class A or B felony or the statute rules probation out (§5B1.1(b)).
Is the calculator accurate for illegal possession of explosives?
It follows §2K1.3 of the Guidelines Manual effective November 1, 2025. It passed 8 review rounds, each comparing every number, rule and label with the manual text, and its last round found nothing to correct. Those reviews were done with AI tools, not by lawyers, and it has not yet been reviewed by an attorney, so mistakes are possible. The guidelines are advisory, and a lawyer who knows the case can tell you what actually applies.
Related offenses
- ArsonSet a fire or used explosives to damage propertyVerified
- Weapons Aboard an AircraftBrought a weapon or dangerous material onto a planeVerified
- Explosives Dealer RecordkeepingKept false or incomplete records as a licensed explosives businessVerified
- Firearms Offenses (Felon in Possession)Illegally had, bought, sold or moved guns or ammunitionVerified
- Using a Gun During a Crime (§924(c))Used or carried a gun or explosive during another crimeVerified
- Gun in a Federal Building or School ZoneHad a gun or dangerous weapon in a federal building or school zoneVerified
- Body Armor Possession by a Violent FelonHad body armor after a violent felony convictionVerified
- Mailing Dangerous ArticlesMailed something dangerous meaning to hurt someone or damage propertyVerified