Calendar No. 266

105TH CONGRESS

1ST SESSION S. 191

A BILL

To throttle criminal use of guns.

NOVEMBER 6, 1997

Reported with an amendment
II

Calendar No. 266

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, Mr. FAIRCLOTH, Mr. INHOFE, Mr. HAGEL, Mr. ENZI, Mr. KYL,

Mr. THURMOND, Mr. STEVENS, Mr. ASHCROFT, Mr. SESSIONS, Mr.

SHELBY, Mr. HUTCHINSON, and Mr. SMITH of New Hampshire) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

NOVEMBER 6, 1997

Reported by Mr. HATCH, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

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—
2

S 191 RS

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

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

3 ‘‘(c) POSSESSION OF FIREARM DURING COMMISSION

4 OF CRIME OF VIOLENCE OR DRUG TRAFFICKING

5 CRIME.—

6 ‘‘(1) TERM OF IMPRISONMENT.—

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

8 that a greater minimum sentence is otherwise

9 provided by this subsection or by any other pro10 vision of law, any person who, during and in re11 lation to any crime of violence or drug traffick12 ing crime (including a crime of violence or drug

13 trafficking crime that provides for an enhanced

14 punishment if committed by the use of a deadly

15 or dangerous weapon or device) for which a per16 son may be prosecuted in a court of the United

17 States, uses, carries, or possesses a firearm

18 shall, in addition to the punishment provided

19 for such crime of violence or drug trafficking

20 crime—

21 ‘‘(i) be sentenced to a term of impris22 onment of not less than 5 years;

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

24 sentenced to a term of imprisonment of

25 not less than 10 years; and
3

S 191 RS

1 ‘‘(iii) if the death of any person re2 sults, be sentenced to a term of imprison3 ment for life or sentenced to death.

4 ‘‘(B) EXCEPTION FOR CERTAIN OF5 FENSES.—If the firearm possessed by a person

6 convicted of a violation of this subsection—

7 ‘‘(i) is a short-barreled rifle, short8 barreled shotgun, or semiautomatic assault

9 weapon, the person shall be—

10 ‘‘(I) sentenced to a term of im11 prisonment of not less than 10 years;

12 and

13 ‘‘(II) if the death of any person

14 results, sentenced to a term of impris15 onment for life or sentenced to death;

16 and

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

18 device, or is equipped with a firearm si19 lencer or firearm muffler, the person shall

20 be—

21 ‘‘(I) sentenced to a term of im22 prisonment of not less than 30 years;

23 and
4

S 191 RS

1 ‘‘(II) if the death of any person

2 results, sentenced to a term of impris3 onment for life or sentenced to death.

4 ‘‘(C) EXCEPTION FOR CERTAIN OFFEND5 ERS.—In the case of a second or subsequent

6 conviction under this subsection, a person

7 shall—

8 ‘‘(i) be sentenced to a term of impris9 onment of not less than 25 years; and

10 ‘‘(ii) if the firearm at issue is a ma11 chinegun or a destructive device, or is

12 equipped with a firearm silencer or firearm

13 muffler, be sentenced to a term of impris14 onment for life.

15 ‘‘(D) PROBATION AND CONCURRENT SEN16 TENCES.—Notwithstanding any other provision

17 of law—

18 ‘‘(i) a court shall not place on proba19 tion or suspend the sentence of any person

20 convicted of a violation of this subsection;

21 and

22 ‘‘(ii) no term of imprisonment im23 posed on a person under this subsection

24 shall run concurrently with any other term

25 of imprisonment imposed on the person,
5

S 191 RS

1 including any term of imprisonment im2 posed for the crime of violence or drug

3 trafficking crime during which the firearm

4 was used, carried, or possessed.

5 ‘‘(2) DEFINITION OF ‘DRUG TRAFFICKING

6 CRIME’.—’’; and

7 (2) in paragraph (3)—

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

9 the following:

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

11 For’’; and

12 (B) by indenting each of subparagraphs

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

14 SECTION 1. AMENDMENT TO TITLE 18, UNITED STATES

15 CODE.

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

17 States Code, is amended—

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

19 ‘‘(2)’’ and inserting the following:

20 ‘‘(c) POSSESSION OF FIREARM DURING COMMISSION

21 OF CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME.—

22 ‘‘(1) TERM OF IMPRISONMENT.—

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

24 that a greater minimum sentence is otherwise

25 provided by this subsection or by any other pro-
6

S 191 RS

1 vision of law, any person who, during and in re2 lation to any crime of violence or drug traffick3 ing crime (including a crime of violence or drug

4 trafficking crime that provides for an enhanced

5 punishment if committed by the use of a deadly

6 or dangerous weapon or device) for which a per7 son may be prosecuted in a court of the United

8 States, uses or carries a firearm, or who, in fur9 therance of any such crime, possesses a firearm,

10 shall, in addition to the punishment provided for

11 such crime of violence or drug trafficking

12 crime—

13 ‘‘(i) be sentenced to a term of impris14 onment of not less than 5 years; and

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

16 sentenced to a term of imprisonment of not

17 less than 10 years.

18 ‘‘(B) EXCEPTION FOR CERTAIN OF19 FENSES.—If the firearm possessed by a person

20 convicted of a violation of this subsection—

21 ‘‘(i) is a short-barreled rifle, short-bar22 reled shotgun, or semiautomatic assault

23 weapon, the person shall be sentenced to a

24 term of imprisonment of not less than 10

25 years; and
7

S 191 RS

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

2 device, or is equipped with a firearm si3 lencer or firearm muffler, the person shall

4 be sentenced to a term of imprisonment of

5 not less than 30 years.

6 ‘‘(C) EXCEPTION FOR CERTAIN OFFEND7 ERS.—In the case of a second or subsequent con8 viction under this subsection, a person shall—

9 ‘‘(i) be sentenced to a term of impris10 onment of not less than 25 years; and

11 ‘‘(ii) if the firearm at issue is a ma12 chinegun or a destructive device, or is

13 equipped with a firearm silencer or firearm

14 muffler, be sentenced to a term of imprison15 ment for life.

16 ‘‘(D) PROBATION AND CONCURRENT SEN17 TENCES.—Notwithstanding any other provision

18 of law—

19 ‘‘(i) a court shall not place on proba20 tion any person convicted of a violation of

21 this subsection; and

22 ‘‘(ii) no term of imprisonment imposed

23 on a person under this subsection shall run

24 concurrently with any other term of impris25 onment imposed on the person, including
8

S 191 RS

1 any term of imprisonment imposed for the

2 crime of violence or drug trafficking crime

3 during which the firearm was used, carried,

4 or possessed.

5 ‘‘(2) DEFINITION OF ‘DRUG TRAFFICKING

6 CRIME’.—’’; and

7 (2) in paragraph (3)—

8 (A) by striking ‘‘(3) For’’ and inserting the

9 following:

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

11 For’’; and

12 (B) by indenting each of subparagraphs (A)

13 and (B) 2 ems to the right.

14 (b) CONFORMING AMENDMENT.—Section

15 3559(c)(2)(F)(i) of title 18, United States Code, is amended

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

17 924(c));’’ after ‘‘firearms use;’’.