IIA
105TH CONGRESS
2D SESSION
H. R. 424
IN THE SENATE OF THE UNITED STATES
FEBRUARY 25, 1998
Received; read twice and referred to the Committee on the Judiciary
AN ACT
To provide for increased mandatory minimum sentences for
criminals possessing firearms, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 424 RFS
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
sentenced 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 imprison-
ment for 15 years; or
HR 424 RFS
‘‘(C) discharges a firearm, shall, in addition to
the sentence imposed for the crime of violence or
drug trafficking crime, be sentenced to imprison-
ment 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 convic-
tion 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
HR 424 RFS
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.’’.
Passed the House of Representatives February 24,
1998.
Attest:
ROBIN H. CARLE,
Clerk.