I
105TH CONGRESS
1ST SESSION
H. R. 2340
To provide for mandatory prison terms for possessing, brandishing, or dis-
charging 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
JULY 31, 1997
Mrs. KELLY (for herself and Mr. CUNNINGHAM) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To provide for mandatory prison terms for possessing, bran-
dishing, or discharging a firearm or destructive device
during a Federal crime that is a crime of violence or
a drug trafficking crime.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. MANDATORY PRISON TERMS FOR POSSESSING,
BRANDISHING, OR DISCHARGING A FIREARM
OR DESTRUCTIVE DEVICE DURING A FED-
ERAL CRIME THAT IS A CRIME OF VIOLENCE
OR A DRUG TRAFFICKING CRIME.
Section 924(c) of title 18, United States Code, is
amended—
(1) by redesignating paragraphs (2) and (3) as
paragraphs (4) and (5), respectively; and
(2) by striking paragraph (1) and inserting the
following:
‘‘(1) A person who, during and in relation to any
crime of violence or drug trafficking crime (including a
crime of violence or drug trafficking crime which provides
for an enhanced punishment if committed by the use of
a deadly or dangerous weapon or device) for which the
person may be prosecuted in a court of the United
States—
‘‘(A) possesses a firearm, shall, in addition to
the sentence imposed for the crime of violence or
drug trafficking crime, be sentenced to imprison-
ment for 5 years;
‘‘(B) brandishes a firearm, shall, in addition to
the sentence imposed for the crime of violence or
drug trafficking crime, be sentenced to imprison-
ment for 10 years; or
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‘‘(C) discharges a firearm with the intent to in-
jure another person, shall, in addition to the sen-
tence imposed for the crime of violence or drug traf-
ficking crime, be sentenced to imprisonment for 20
years;
except that if the firearm is a short-barreled rifle or short-
barreled shotgun, or is equipped with a large capacity am-
munition feeding device, such additional sentence shall be
imprisonment for 10 years more than the term of impris-
onment that would otherwise be imposed under this para-
graph, and if the firearm is a machinegun or destructive
device or is equipped with a firearm silencer or firearm
muffler, such additional sentence shall be imprisonment
for 30 years.
‘‘(2) In the case of the second or subsequent convic-
tion of a person under this subsection—
‘‘(A) if the person possessed a firearm during
and in relation to such second or subsequent crime
of violence or drug trafficking crime, the person
shall, in addition to the sentence imposed for such
second or subsequent offense, be sentenced to im-
prisonment for not less than 20 years;
‘‘(B) if the person brandished a firearm during
and in relation to such second or subsequent crime
of violence or drug trafficking crime, the person
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shall, in addition to the sentence imposed for such
second or subsequent offense, be sentenced to im-
prisonment for not less than 25 years; or
‘‘(C) if the person discharged a firearm with
the intent to injure another person during and in re-
lation to such second or subsequent crime of violence
or drug trafficking crime, the person shall, in addi-
tion to the sentence imposed for such second or sub-
sequent offense, be sentenced to imprisonment for
not less than 30 years;
except that if the firearm is a machinegun or destructive
device or is equipped with a firearm silencer or firearm
muffler, the person shall, in addition to the sentence im-
posed for such second or subsequent offense, be sentenced
to life imprisonment.
‘‘(3)(A) Notwithstanding any other provision of law,
the court shall not impose a probationary sentence on any
person convicted of a violation of this subsection, nor shall
a term of imprisonment imposed under this subsection run
concurrently with any other term of imprisonment includ-
ing that imposed for the crime of violence or drug traffick-
ing crime in which the firearm was used.
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‘‘(B) No person sentenced under this subsection shall
be released for any reason whatsoever during a term of
imprisonment imposed under this subsection.’’.
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