Lil Wayne is facing potential prison time after pleading guilty to a federal gun charge in Florida. The rapper, whose legal name is Dwayne Michael Carter, admitted to illegally possessing a handgun on a private plane. As the Department of Justice explained in a news release, Lil Wayne is prohibited from owning firearms because of a prior conviction.
His sentencing was scheduled for January 28 before U.S. District Judge Kathleen M. Williams in the Southern District of Florida. Prosecutors said Lil Wayne could face a maximum of 10 years behind bars. But as NBC Miami and the Tampa Bay Times reported, the rapper will likely receive a more lenient sentence.
Here’s what you need to know:
1. Investigators Found a Gold-Plated Handgun In the Rapper’s Luggage When He Flew to Miami on a Private Plane in December 2019
Southern District of FloridaRapper Lil Wayne pleaded guilty to a gun charge in Florida.
Lil Wayne’s guilty plea stems back to December 2019 when he flew to Miami for the holidays on a private plane. Investigators with the Miami-Dade Police and the FBI obtained a warrant to search the rapper’s aircraft when it landed at Opa-Locka Airport on December 23 after receiving an anonymous tip. The Miami-Herald, citing the search warrant, reported that Lil Wayne appeared to be “under the influence of illicit narcotics based on his delayed speech and partially closed eyes” when officials spoke with him. According to the warrant, investigators said the plane smelled of marijuana.
Lil Wayne admitted to law enforcement that he had a weapon in his luggage. According to the news release from the Justice Department, the officers obtained a warrant to look in the rapper’s personal bag. Inside, they found a “gold-plated Remington 1911, .45-caliber handgun loaded with six rounds of ammunition.” Lil Wayne told the officers that the gun had been a Father’s Day gift, the Miami-Herald reported.
Lil Wayne was also carrying “personal use amounts of cocaine, ecstasy, and oxycodone,” the Justice Department said. The New York Times reported that according to the warrant, officers also found heroin, cough syrup and nearly $26,000 in cash. Prosecutors did not charge Lil Wayne for any drug offenses.
Federal court records show Lil Wayne was formally charged in November 2020 with “Possession of Firearm and Ammunition by a Convicted Felon.” He was released on a $250,000 bond but as the Associated Press reported, the judge required that he turn over his passport.
2. Lil Wayne’s Attorney Said the Rapper Wanted to Accept Responsibility & Decided Against Fighting the Charge in Court
Lil Wayne’s attorney, Howard Srebnick, said he would have fought the gun charge in federal court by insisting that the search of the rapper’s personal luggage had been illegal, the Tampa Bay Times reported, and therefore could have moved to “suppress evidence of the weapon.”
But Srebnick said Lil Wayne made the decision to “accept responsibility” for possessing the weapon, NBC Miami reported. The defense attorney told the outlet, “I must say I thought it was a very viable motion. He has decided not to pursue a motion to suppress.”
Lil Wayne entered the guilty plea on December 11. He will be back in court on January 28 to learn his sentence.
3. Lil Wayne Spent 8 Months in Prison in 2010 for a Felony Gun Charge in New York
Getty Rapper Lil Wayne reports to New York State Supreme Court to begin serving a one year prison sentence for possession of an illegal weapon on March 8, 2010 in New York City.
Lil Wayne is not permitted to own a firearm because of his record as a convicted felon. He was arrested in New York City in 2007 after police found a .40-caliber pistol on his tour bus, CNN reported. In October 2009, he pleaded guilty to a felony charge of attempted weapon possession. He was sentenced to one year behind bars.
The rapper served 8 months of his sentence. WCBS-TV reported Lil Wayne was released early for good behavior.
In a statement to the New York Times, Lil Wayne’s defense attorney argued the law barring convicted felons from ever owning a gun again may not be constitutional:
Carter is charged with possessing a gold-plated handgun in his luggage on a private plane. There is no allegation that he ever fired it, brandished it, used it or threatened to use it. There is no allegation that he is a dangerous person. The charge is that because he was convicted of a felony in the past, he is prohibited from possessing a firearm.
Although the Supreme Court has not yet decided the constitutional question, Justice Amy Coney Barrett recently wrote an appellate dissenting opinion in which she stated that ‘Absent evidence that he either belongs to a dangerous category or bears individual markers of risk, permanently disqualifying [a felon] from possessing a gun violates the Second Amendment.
Justice Barrett’s full opinion, which was written while she was serving on the 7th Circuit Court of Appeals, can be read here.
4. Lil Wayne Faces 10 Years in Prison But It’s Unlikely He’ll Receive the Maximum Penalty
Southern District of FloridaRapper Lil Wayne pleaded guilty to a gun charge in Florida.
Federal court documents show Lil Wayne faces a maximum possible sentence of 10 years behind bars. But it’s unlikely the judge will impose the maximum penalty considering the rapper’s admission of guilt. As the Tampa Bay Times pointed out, “sentencing guidelines range from one year to two years with his acceptance of responsibility on the gun charge, but his criminal history will be a potential factor in his punishment.”
According to the United States Sentencing Commission, more than 95% of those convicted of “Felon in Possession of a Firearm” receive sentences that include prison time. The agency said that in 2012, the average sentence was 75 months behind bars, which is more than six years. But “one-quarter of these offenders had an average sentence of 24 months or less.”
The Justice Department has also explained that sentencing is generally harsher depending on the defendant’s history and whether the record includes violence. An explainer of federal firearm laws by the U.S. Attorney’s Office in Utah details that 18 USC § 922(g), which is the charge Lil Wayne pleaded guilty to, is “punishable by up to 10 years imprisonment. May receive minimum sentence of 15 years without parole if offender has three or more prior convictions for a felony crime of violence (e.g. burglary, robbery, assault, possession of offensive weapons) and/or drug trafficking felony.”
5. It Was Not Immediately Clear Whether Lil Wayne Would Ask President Trump for a Pardon
Just had a great meeting with @realdonaldtrump@potus besides what he’s done so far with criminal reform, the platinum plan is going to give the community real ownership. He listened to what we had to say today and assured he will and can get it done. 🤙🏾
It is possible Lil Wayne could avoid prison time altogether in the form of a presidential pardon. President Donald Trump has the authority to issue a pardon for the rapper but it is unclear whether Lil Wayne plans to ask for one. Srebnick, Lil Wayne’s defense attorney, did not comment on the possibility when reporters asked him about it before Lil Wayne pleaded guilty on December 11, the Miami-Herald reported.
Lil Wayne publicly supported the president in the final days before the election. The rapper posted a photo alongside Trump on October 29 and wrote, “Just had a great meeting with @realdonaldtrump @potus besides what he’s done so far with criminal reform, the platinum plan is going to give the community real ownership. He listened to what we had to say today and assured he will and can get it done.”
