I

105TH CONGRESS

2D SESSION S. 191

IN THE HOUSE OF REPRESENTATIVES

JANUARY 27, 1998

Referred to the Committee on the Judiciary

AN ACT

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,
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S 191 RFH

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

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

7 ‘‘(c) POSSESSION OF FIREARM DURING COMMISSION

8 OF CRIME OF VIOLENCE OR DRUG TRAFFICKING

9 CRIME.—

10 ‘‘(1) TERM OF IMPRISONMENT.—

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

12 that a greater minimum sentence is otherwise

13 provided by this subsection or by any other pro14 vision of law, any person who, during and in re15 lation to any crime of violence or drug traffick16 ing crime (including a crime of violence or drug

17 trafficking crime that provides for an enhanced

18 punishment if committed by the use of a deadly

19 or dangerous weapon or device) for which a per20 son may be prosecuted in a court of the United

21 States, uses or carries a firearm, or who, in fur22 therance of any such crime, possesses a firearm,

23 shall, in addition to the punishment provided

24 for such crime of violence or drug trafficking

25 crime—
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S 191 RFH

1 ‘‘(i) be sentenced to a term of impris2 onment of not less than 5 years; and

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

4 sentenced to a term of imprisonment of

5 not less than 10 years.

6 ‘‘(B) EXCEPTION FOR CERTAIN OF7 FENSES.—If the firearm possessed by a person

8 convicted of a violation of this subsection—

9 ‘‘(i) is a short-barreled rifle, short10 barreled shotgun, or semiautomatic assault

11 weapon, the person shall be sentenced to a

12 term of imprisonment of not less than 10

13 years; 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 sentenced to a term of imprisonment of

18 not less than 30 years.

19 ‘‘(C) EXCEPTION FOR CERTAIN OFFEND20 ERS.—In the case of a second or subsequent

21 conviction under this subsection, a person

22 shall—

23 ‘‘(i) be sentenced to a term of impris24 onment of not less than 25 years; and
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S 191 RFH

1 ‘‘(ii) if the firearm at issue is a ma2 chinegun or a destructive device, or is

3 equipped with a firearm silencer or firearm

4 muffler, be sentenced to a term of impris5 onment for life.

6 ‘‘(D) PROBATION AND CONCURRENT SEN7 TENCES.—Notwithstanding any other provision

8 of law—

9 ‘‘(i) a court shall not place on proba10 tion any person convicted of a violation of

11 this subsection; and

12 ‘‘(ii) no term of imprisonment im13 posed on a person under this subsection

14 shall run concurrently with any other term

15 of imprisonment imposed on the person,

16 including any term of imprisonment im17 posed for the crime of violence or drug

18 trafficking crime during which the firearm

19 was used, carried, or possessed.

20 ‘‘(2) DEFINITION OF ‘DRUG TRAFFICKING

21 CRIME’.—’’; and

22 (2) in paragraph (3)—

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

24 the following:
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1 ‘‘(3) DEFINITION OF ‘CRIME OF VIOLENCE’.—

2 For’’; and

3 (B) by indenting each of subparagraphs

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

5 (b) CONFORMING AMENDMENT.—Section

6 3559(c)(2)(F)(i) of title 18, United States Code, is

7 amended by inserting ‘‘firearms possession (as described

8 in section 924(c));’’ after ‘‘firearms use;’’.

Passed the Senate November 13, 1997.

Attest: GARY SISCO,

Secretary.