105TH CONGRESS

2D SESSION S. 191

AMENDMENT
In the House of Representatives, U. S.,

October 9, 1998.

Resolved, That the bill from the Senate (S. 191) entitled

‘‘An Act to throttle criminal use of guns’’, do pass with the

following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. AMENDMENT TO TITLE 18, UNITED STATES

2 CODE.

3 (a) IN GENERAL.—Section 924(c) of title 18, United

4 States Code, is amended—

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

6 the end of paragraph (1) and inserting the following:

7 ‘‘(c)(1)(A) Except to the extent that a greater mini8 mum sentence is otherwise provided by this subsection or

9 by any other provision of law, any person who, during and

10 in relation to any crime of violence or drug trafficking

11 crime (including a crime of violence or drug trafficking

12 crime that provides for an enhanced punishment if commit13 ted by the use of a deadly or dangerous weapon or device)

14 for which the person may be prosecuted in a court of the

15 United States, uses or carries a firearm, or who, in further-
2

•S 191 EAH

1 ance of any such crime, possesses a firearm, shall, in addi2 tion to the punishment provided for such crime of violence

3 or drug trafficking crime—

4 ‘‘(i) be sentenced to a term of imprisonment of

5 not less than 5 years;

6 ‘‘(ii) if the firearm is brandished, be sentenced to

7 a term of imprisonment of not less than 7 years; and

8 ‘‘(iii) if the firearm is discharged, be sentenced

9 to a term of imprisonment of not less than 10 years.

10 ‘‘(B) If the firearm possessed by a person convicted of

11 a violation of this subsection—

12 ‘‘(i) is a short-barreled rifle, short-barreled shot13 gun, or semiautomatic assault weapon, the person

14 shall be sentenced to a term of imprisonment of not

15 less than 10 years; or

16 ‘‘(ii) is a machinegun or a destructive device, or

17 is equipped with a firearm silencer or firearm muf18 fler, the person shall be sentenced to a term of impris19 onment of not less than 30 years.

20 ‘‘(C) In the case of a second or subsequent conviction

21 under this subsection, the person shall—

22 ‘‘(i) be sentenced to a term of imprisonment of

23 not less than 25 years; and

24 ‘‘(ii) if the firearm involved is a machinegun or

25 a destructive device, or is equipped with a firearm si-
3

•S 191 EAH

1 lencer or firearm muffler, be sentenced to imprison2 ment for life.

3 ‘‘(D) Notwithstanding any other provision of law—

4 ‘‘(i) a court shall not place on probation any

5 person convicted of a violation of this subsection; and

6 ‘‘(ii) no term of imprisonment imposed on a per7 son under this subsection shall run concurrently with

8 any other term of imprisonment imposed on the per9 son, including any term of imprisonment imposed for

10 the crime of violence or drug trafficking crime during

11 which the firearm was used, carried, or possessed.’’;

12 and

13 (2) by adding at the end the following:

14 ‘‘(4) For purposes of this subsection, the term

15 ‘brandish’ means, with respect to a firearm, to dis16 play all or part of the firearm, or otherwise make the

17 presence of the firearm known to another person, in

18 order to intimidate that person, regardless of whether

19 the firearm is directly visible to that person.’’.

20 (b) CONFORMING AMENDMENT.—Section

21 3559(c)(2)(F)(i) of title 18, United States Code, is amended
4

•S 191 EAH

1 by inserting ‘‘firearms possession (as described in section

2 924(c));’’ after ‘‘firearms use;’’.

Attest:

Clerk.