I

104TH CONGRESS

2D SESSION H. R. 3080

To amend title 18, United States Code, to impose stiffer penalties on persons

convicted of lesser drug offenses.

IN THE HOUSE OF REPRESENTATIVES

MARCH 13, 1996

Mr. GOODLING introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To amend title 18, United States Code, to impose stiffer

penalties on persons convicted of lesser drug offenses.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. TEMPORARY PROHIBITION AGAINST POSSES4 SION OF A FIREARM BY, OR TRANSFER OF A

5 FIREARM TO, PERSONS CONVICTED OF A

6 DRUG CRIME.

7 (a) IN GENERAL.—Section 922 of title 18, United

8 States Code, is amended by adding at the end the follow9 ing:
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1 ‘‘(y)(1)(A) Except as provided in paragraph (2), it

2 shall be unlawful for any individual who has been con3 victed in any court of a drug crime to possess a firearm

4 during the period described in subparagraph (B).

5 ‘‘(B) The period described in this subparagraph is the

6 period that begins with the date the individual is convicted

7 of the drug crime and ends—

8 ‘‘(i) 5 years later; or

9 ‘‘(ii) if, during such 5-year period, the individ10 ual is convicted of violating any Federal or State law

11 relating to firearms, 5 years after such later convic12 tion.

13 ‘‘(2) Paragraph (1) shall not apply with respect to

14 convictions occurring on or before the date of the enact15 ment of this subsection.

16 ‘‘(z)(1)(A) Except as provided in paragraph (2), it

17 shall be unlawful for any person to transfer a firearm to

18 any individual knowing or having reasonable cause to be19 lieve that the individual is under indictment for a drug

20 crime.

21 ‘‘(B)(i) Except as provided in paragraph (2), it shall

22 be unlawful for any person, during the period described

23 in clause (ii), to transfer a firearm to any individual know24 ing or having reasonable cause to believe that the individ25 ual has been convicted in any court of a drug crime.
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1 ‘‘(ii) The period described in this clause is the period

2 that begins with the date the individual is convicted of

3 the drug crime and ends—

4 ‘‘(I) 5 years later; or

5 ‘‘(II) if, during such 5-year period, the individ6 ual is convicted of violating any Federal or State law

7 relating to firearms, 5 years after such later convic8 tion.

9 ‘‘(2) The second sentence of subsection (d) shall

10 apply in like manner to paragraph (1) of this subsection.’’.

11 (b) PENALTY.—Section 924(a)(1)(B) of such title is

12 amended by inserting ‘‘(y)(1), or (z)(1)’’ before ‘‘of section

13 922’’.

14 SEC. 2. ENHANCED PENALTIES FOR POSSESSION OF A

15 FIREARM DURING A DRUG CRIME.

16 Section 924 of title 18, United States Code, is

17 amended by adding at the end the following:

18 ‘‘(o) Whoever, during and in relation to a drug crime

19 (including a drug crime which provides for an enhanced

20 punishment if committed by the use of a deadly or dan21 gerous weapon or device) for which he may be prosecuted

22 in a court of the United States, possesses a firearm, in

23 addition to the punishment provided for such drug crime,

24 may be sentenced to imprisonment for not less than 15

25 days and not more than 2 years, and shall be fined not
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1 less than $2,500 and not more than $10,000, and if the

2 firearm is a machinegun, or is equipped with a firearm

3 silencer or firearm muffler, shall be sentenced to imprison4 ment for 15 years. In the case of a second or subsequent

5 conviction under this subsection, such person shall be sen6 tenced to imprisonment for not less than 15 days and not

7 more than 2 years, and shall be fined not less than $2,500

8 and not more than $10,000, and if the firearm is a ma9 chinegun, or is equipped with a firearm silencer or firearm

10 muffler, shall be sentenced to imprisonment for 30 years.

11 Notwithstanding any other provision of law, the court

12 shall not place on probation or suspend the sentence of

13 any person convicted of a violation of this subsection, nor

14 shall the term of imprisonment imposed under this sub15 section run concurrently with any other term of imprison16 ment including that imposed for the drug crime in which

17 the firearm was possessed.’’.

18 SEC. 3. DEFINITION OF DRUG CRIME.

19 Section 921(a) of title 18, United States Code, is

20 amended by adding at the end the following:

21 ‘‘(33) The term ‘drug crime’ means any offense

22 (other than a drug trafficking crime) punishable by im23 prisonment under—

24 ‘‘(A) any Act specified in section 924(c)(2); or
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1 ‘‘(B) any State law involving the possession,

2 distribution, or manufacture of a controlled sub3 stance (as defined in section 102 of the Controlled

4 Substances Act).’’.

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