I
103D CONGRESS
1ST SESSION
H. R. 3537
To amend title 18, United States Code, to impose mandatory prison terms
for possession or use of a firearm or a destructive device during conduct
constituting a crime of violence or a drug trafficking crime under State
law.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 18, 1993
Mr. MANTON introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend title 18, United States Code, to impose mandatory
prison terms for possession or use of a firearm or a
destructive device during conduct constituting a crime
of violence or a drug trafficking crime under State law.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That section 924 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(i)(1)(A) Whoever engages in 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 dan-
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gerous weapon or device) for which he may be prosecuted
in a court of any State—
‘‘(i) knowingly possesses a firearm which has
moved at any time in interstate or foreign com-
merce, shall, in addition to the punishment provided
for the crime of violence or drug trafficking crime,
be sentenced to imprisonment for not less than 10
years without release;
‘‘(ii) discharges such a firearm with intent to
injure another person, shall, in addition to the pun-
ishment provided for the crime of violence or drug
trafficking crime, be sentenced to imprisonment for
not less than 20 years without release; or
‘‘(iii) knowingly possesses such a firearm that is
a machinegun or destructive device, or is equipped
with a firearm silencer or firearm muffler, shall, in
addition to the punishment provided for the crime of
violence or drug trafficking crime, be sentenced to
imprisonment for 30 years without release.
‘‘(B) In the case of his second conviction under this
subsection, in addition to the punishment provided for the
crime of violence or drug trafficking crime, the person
shall be sentenced to—
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‘‘(i) imprisonment for not less than 20 years
without release if such conviction is for possession of
a firearm;
‘‘(ii) imprisonment for not less than 30 years
without release if such conviction is for discharge of
a firearm; or
‘‘(iii) life imprisonment without release if such
conviction is for possession of a firearm that is a
machinegun or a destructive device, or is equipped
with a firearm silencer or firearm muffler.
‘‘(C) In the case of his third or subsequent conviction
under this subsection, the person shall be sentenced to life
imprisonment without release.
‘‘(D) Notwithstanding any other provision of law, a
court of the United States shall not place on probation
or suspend the sentence of any person convicted of a viola-
tion of this subsection, nor shall any term of imprisonment
imposed under this subsection run concurrently with any
other term of imprisonment including that imposed for the
crime of violence or drug trafficking crime in which the
firearm was possessed or discharged.
‘‘(2) For the purposes of paragraph (1), a person
shall be considered to be in possession of a firearm if—
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‘‘(A) in the case of a crime of violence, the per-
son touches a firearm at the scene of the crime at
any time during the commission of the crime; and
‘‘(B) in the case of a drug trafficking crime, the
person has a firearm readily available at the scene
of the crime during the commission of the crime.
‘‘(3) Except in the case of a person whose criminal
conduct gives rise to the use of a firearm by the person,
this subsection shall not apply to the conduct of any per-
son in defense of person or property during the course
of the commission of a crime by another person (including
during the arrest or attempted arrest of such other person
during or immediately after the commission of the crime).
‘‘(4) For purposes of this subsection, the term ‘drug
trafficking crime’ means any crime punishable by impris-
onment for more than one year involving the manufacture,
distribution, possession, cultivation, sale, or transfer of a
controlled substance, controlled substance analogue, im-
mediate precursor, or listed chemical (as such terms are
defined in section 102 of the Controlled Substances Act
(21 U.S.C. 802)), or any attempt or conspiracy to commit
such a crime.
‘‘(5) For purposes of this subsection, the term ‘crime
of violence’ means an offense that is punishable by impris-
onment for more than one year and—
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‘‘(A) has as an element the use, attempted use,
or threatened use of physical force against the per-
son or property of another, or
‘‘(B) that by its nature, involves a substantial
risk that physical force against the person or prop-
erty of another may be used in the course of com-
mitting the offense.’’.
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