I

104TH CONGRESS

2D SESSION H. R. 3382

To promote safe streets by preventing the further sale of illegal assault

weapons and large capacity ammunition feeding devices, and to provide

for mandatory prison terms for possessing, brandishing, or discharging

a firearm during the commission of a Federal crime.

IN THE HOUSE OF REPRESENTATIVES

MAY 1, 1996

Mr. FRISA introduced the following bill; which was referred to the Committee

on the Judiciary

A BILL

To promote safe streets by preventing the further sale of

illegal assault weapons and large capacity ammunition

feeding devices, and to provide for mandatory prison

terms for possessing, brandishing, or discharging a firearm during the commission of a Federal crime.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Safe Streets Act of

5 1996’’.
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1 SEC. 2. PREVENTION OF TRANSFER OF ASSAULT WEAPONS

2 AND LARGE CAPACITY AMMUNITION FEED3 ING DEVICES.

4 (a) ASSAULT WEAPONS.—Section 922(v)(2) of title

5 18, United States Code, is amended by striking ‘‘or trans6 fer’’.

7 (b) LARGE CAPACITY AMMUNITION FEEDING DE8 VICES.—Section 922(w)(2) of title 18, United States

9 Code, is amended by striking ‘‘or transfer’’.

10 (c) PROHIBITIONS MADE PERMANENT.—Section

11 110105 of the Violent Crime Control and Law Enforce12 ment Act of 1994 (18 U.S.C. 921 note) is repealed.

13 SEC. 3. MANDATORY PRISON TERMS FOR POSSESSING,

14 BRANDISHING, OR DISCHARGING A FIREARM

15 OR DESTRUCTIVE DEVICE DURING A FED16 ERAL CRIME THAT IS A CRIME OF VIOLENCE

17 OR A DRUG TRAFFICKING CRIME.

18 Section 924(c) of title 18, United States Code, is

19 amended—

20 (1) by redesignating paragraphs (2) and (3) as

21 paragraphs (4) and (5), respectively; and

22 (2) by striking paragraph (1) and inserting the

23 following:

24 ‘‘(1) A person who, during and in relation to any

25 crime of violence or drug trafficking crime (including a

26 crime of violence or drug trafficking crime which provides
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1 for an enhanced punishment if committed by the use of

2 a deadly or dangerous weapon or device) for which the

3 person may be prosecuted in a court of the United

4 States—

5 ‘‘(A) possesses a firearm, shall, in addition to

6 the sentence imposed for the crime of violence or

7 drug trafficking crime, be sentenced to imprison8 ment for 5 years;

9 ‘‘(B) brandishes a firearm, shall, in addition to

10 the sentence imposed for the crime of violence or

11 drug trafficking crime, be sentenced to imprison12 ment for 10 years; or

13 ‘‘(C) discharges a firearm with the intent to in14 jure another person, shall, in addition to the sen15 tence imposed for the crime of violence or drug traf16 ficking crime, be sentenced to imprisonment for 20

17 years;

18 except that if the firearm is a short-barreled rifle or short19 barreled shotgun, or is equipped with a large capacity am20 munition feeding device, such additional sentence shall be

21 imprisonment for 10 years more than the term of impris22 onment that would otherwise be imposed under this para23 graph, and if the firearm is a machinegun or destructive

24 device or is equipped with a firearm silencer or firearm
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1 muffler, such additional sentence shall be imprisonment

2 for 30 years.

3 ‘‘(2) In the case of the second or subsequent convic4 tion of a person under this subsection—

5 ‘‘(A) if the person possessed a firearm during

6 and in relation to such second or subsequent crime

7 of violence or drug trafficking crime, the person

8 shall, in addition to the sentence imposed for such

9 second or subsequent offense, be sentenced to im10 prisonment for not less than 20 years;

11 ‘‘(B) if the person brandished a firearm during

12 and in relation to such second or subsequent crime

13 of violence or drug trafficking crime, the person

14 shall, in addition to the sentence imposed for such

15 second or subsequent offense, be sentenced to im16 prisonment for not less than 25 years; or

17 ‘‘(C) if the person discharged a firearm with

18 the intent to injure another person during and in re19 lation to such second or subsequent crime of violence

20 or drug trafficking crime, the person shall, in addi21 tion to the sentence imposed for such second or sub22 sequent offense, be sentenced to imprisonment for

23 not less than 30 years;

24 except that if the firearm is a machinegun or destructive

25 device or is equipped with a firearm silencer or firearm
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1 muffler, the person shall, in addition to the sentence im2 posed for such second or subsequent offense, be sentenced

3 to life imprisonment.

4 ‘‘(3)(A) Notwithstanding any other provision of law,

5 the court shall not impose a probationary sentence on any

6 person convicted of a violation of this subsection, nor shall

7 a term of imprisonment imposed under this subsection run

8 concurrently with any other term of imprisonment includ9 ing that imposed for the crime of violence or drug traffick10 ing crime in which the firearm was used.

11 ‘‘(B) No person sentenced under this subsection shall

12 be released for any reason whatsoever during a term of

13 imprisonment imposed under this subsection.’’.

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