II

105TH CONGRESS

1ST SESSION S. 191

To throttle criminal use of guns.

IN THE SENATE OF THE UNITED STATES

JANUARY 22, 1997

Mr. HELMS (for himself, Mr. DEWINE, Mr. HATCH, Mr. NICKLES, Mr. ABRAHAM, and Mr. FAIRCLOTH) introduced the following bill; which was read

twice and referred to the Committee on the Judiciary

A BILL

To throttle criminal use of guns.

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

3 SECTION 1. AMENDMENT TO TITLE 18, UNITED STATES

4 CODE.

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

6 amended—

7 (1) by striking ‘‘(c)’’ and all that follows

8 through ‘‘(2)’’ and inserting the following:

9 ‘‘(c) POSSESSION OF FIREARM DURING COMMISSION

10 OF CRIME OF VIOLENCE OR DRUG TRAFFICKING

11 CRIME.—
2

•S 191 IS

1 ‘‘(1) TERM OF IMPRISONMENT.—

2 ‘‘(A) IN GENERAL.—Except to the extent

3 that a greater minimum sentence is otherwise

4 provided by this subsection or by any other pro5 vision of law, any person who, during and in re6 lation to any crime of violence or drug traffick7 ing crime (including a crime of violence or drug

8 trafficking crime that provides for an enhanced

9 punishment if committed by the use of a deadly

10 or dangerous weapon or device) for which a per11 son may be prosecuted in a court of the United

12 States, uses, carries, or possesses a firearm

13 shall, in addition to the punishment provided

14 for such crime of violence or drug trafficking

15 crime—

16 ‘‘(i) be sentenced to a term of impris17 onment of not less than 5 years;

18 ‘‘(ii) if the firearm is discharged, be

19 sentenced to a term of imprisonment of

20 not less than 10 years; and

21 ‘‘(iii) if the death of any person re22 sults, be sentenced to a term of imprison23 ment for life or sentenced to death.
3

•S 191 IS

1 ‘‘(B) EXCEPTION FOR CERTAIN OF2 FENSES.—If the firearm possessed by a person

3 convicted of a violation of this subsection—

4 ‘‘(i) is a short-barreled rifle, short5 barreled shotgun, or semiautomatic assault

6 weapon, the person shall be—

7 ‘‘(I) sentenced to a term of im8 prisonment of not less than 10 years;

9 and

10 ‘‘(II) if the death of any person

11 results, sentenced to a term of impris12 onment for life or sentenced to death;

13 and

14 ‘‘(ii) is a machinegun or a destructive

15 device, or is equipped with a firearm si16 lencer or firearm muffler, the person shall

17 be—

18 ‘‘(I) sentenced to a term of im19 prisonment of not less than 30 years;

20 and

21 ‘‘(II) if the death of any person

22 results, sentenced to a term of impris23 onment for life or sentenced to death.

24 ‘‘(C) EXCEPTION FOR CERTAIN OFFEND25 ERS.—In the case of a second or subsequent
4

•S 191 IS

1 conviction under this subsection, a person

2 shall—

3 ‘‘(i) be sentenced to a term of impris4 onment of not less than 25 years; and

5 ‘‘(ii) if the firearm at issue is a ma6 chinegun or a destructive device, or is

7 equipped with a firearm silencer or firearm

8 muffler, be sentenced to a term of impris9 onment for life.

10 ‘‘(D) PROBATION AND CONCURRENT SEN11 TENCES.—Notwithstanding any other provision

12 of law—

13 ‘‘(i) a court shall not place on proba14 tion or suspend the sentence of any person

15 convicted of a violation of this subsection;

16 and

17 ‘‘(ii) no term of imprisonment im18 posed on a person under this subsection

19 shall run concurrently with any other term

20 of imprisonment imposed on the person,

21 including any term of imprisonment im22 posed for the crime of violence or drug

23 trafficking crime during which the firearm

24 was used, carried, or possessed.
5

•S 191 IS

1 ‘‘(2) DEFINITION OF ‘DRUG TRAFFICKING

2 CRIME’.—’’; and

3 (2) in paragraph (3)—

4 (A) by striking ‘‘(3) For’’ and inserting

5 the following:

6 ‘‘(3) DEFINITION OF ‘CRIME OF VIOLENCE’.—

7 For’’; and

8 (B) by indenting each of subparagraphs

9 (A) and (B) 2 ems to the right.

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