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 (5) and (6), 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 in furtherance of the
crime, shall, in addition to the sentence imposed for
the crime of violence or drug trafficking crime, be sen-
tenced to imprisonment for 10 years;
‘‘(B) brandishes a firearm, shall, in addition to
the sentence imposed for the crime of violence or drug
trafficking crime, be sentenced to imprisonment for 15
years; or
‘‘(C) discharges a firearm, shall, in addition to
the sentence imposed for the crime of violence or drug
trafficking crime, be sentenced to imprisonment for 20
years;
except that 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 conviction
of a person under this subsection—
‘‘(A) if the conviction is for possession of a fire-
arm as described in paragraph (1), the person shall,
in addition to the sentence imposed for the crime of
violence or drug trafficking crime involved, be sen-
tenced to imprisonment for not less than 20 years;
‘‘(B) if the conviction is for brandishing a fire-
arm as described in paragraph (1), the person shall,
in addition to the sentence imposed for the crime of
violence or drug trafficking crime involved, be sen-
tenced to imprisonment for not less than 25 years; or
‘‘(C) if the conviction is for discharging a fire-
arm as described in paragraph (1), the person shall,
in addition to the sentence imposed for the crime of
violence or drug trafficking crime involved, be sen-
tenced 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 the crime of violence or drug trafficking crime
involved, be sentenced to life imprisonment.
‘‘(3) Notwithstanding any other provision of law, the
court shall not impose a probationary sentence on any per-
son 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.
‘‘(4) For purposes of this subsection, the term ‘bran-
dish’ means, with respect to a firearm, to display all or
part of the firearm so as to intimidate or threaten, regard-
less of whether the firearm is visible.’’.