I

104TH CONGRESS

2D SESSION H. R. 3988

To provide for mandatory prison terms for possessing, brandishing, or discharging a firearm or destructive device during a Federal crime that

is a crime of violence or a drug trafficking crime.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 2, 1996

Mrs. KELLY (for herself, Mr. BOEHNER, Mr. CLINGER, Mr. CUNNINGHAM,

Mr. HOEKSTRA, Mr. KLUG, Mr. LONGLEY, Mr. MOORHEAD, Mr. SENSENBRENNER, Mr. THOMAS, Mr. WELLER, and Mr. DICKEY) introduced

the following bill; which was referred to the Committee on the Judiciary

A BILL

To provide for mandatory prison terms for possessing, brandishing, or discharging a firearm or destructive device

during a Federal crime that is a crime of violence or

a drug trafficking crime.

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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1 SECTION 1. MANDATORY PRISON TERMS FOR POSSESSING,

2 BRANDISHING, OR DISCHARGING A FIREARM

3 OR DESTRUCTIVE DEVICE DURING A FED4 ERAL CRIME THAT IS A CRIME OF VIOLENCE

5 OR A DRUG TRAFFICKING CRIME.

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

7 amended—

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

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

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

11 following:

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

13 crime of violence or drug trafficking crime (including a

14 crime of violence or drug trafficking crime which provides

15 for an enhanced punishment if committed by the use of

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

17 person may be prosecuted in a court of the United

18 States—

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

20 the sentence imposed for the crime of violence or

21 drug trafficking crime, be sentenced to imprison22 ment for 5 years;

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

24 the sentence imposed for the crime of violence or

25 drug trafficking crime, be sentenced to imprison26 ment for 10 years; or
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1 ‘‘(C) discharges a firearm with the intent to in2 jure another person, shall, in addition to the sen3 tence imposed for the crime of violence or drug traf4 ficking crime, be sentenced to imprisonment for 20

5 years;

6 except that if the firearm is a short-barreled rifle or short7 barreled shotgun, or is equipped with a large capacity am8 munition feeding device, such additional sentence shall be

9 imprisonment for 10 years more than the term of impris10 onment that would otherwise be imposed under this para11 graph, and if the firearm is a machinegun or destructive

12 device or is equipped with a firearm silencer or firearm

13 muffler, such additional sentence shall be imprisonment

14 for 30 years.

15 ‘‘(2) In the case of the second or subsequent convic16 tion of a person under this subsection—

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

18 and in relation to such second or subsequent crime

19 of violence or drug trafficking crime, the person

20 shall, in addition to the sentence imposed for such

21 second or subsequent offense, be sentenced to im22 prisonment for not less than 20 years;

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

24 and in relation to such second or subsequent crime

25 of violence or drug trafficking crime, the person
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1 shall, in addition to the sentence imposed for such

2 second or subsequent offense, be sentenced to im3 prisonment for not less than 25 years; or

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

5 the intent to injure another person during and in re6 lation to such second or subsequent crime of violence

7 or drug trafficking crime, the person shall, in addi8 tion to the sentence imposed for such second or sub9 sequent offense, be sentenced to imprisonment for

10 not less than 30 years;

11 except that if the firearm is a machinegun or destructive

12 device or is equipped with a firearm silencer or firearm

13 muffler, the person shall, in addition to the sentence im14 posed for such second or subsequent offense, be sentenced

15 to life imprisonment.

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

17 the court shall not impose a probationary sentence on any

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

19 a term of imprisonment imposed under this subsection run

20 concurrently with any other term of imprisonment includ21 ing that imposed for the crime of violence or drug traffick22 ing crime in which the firearm was used.
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1 ‘‘(B) No person sentenced under this subsection shall

2 be released for any reason whatsoever during a term of

3 imprisonment imposed under this subsection.’’.

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