I
104TH CONGRESS
2D SESSION
H. R. 3085
To control crime by increasing penalties for armed violent criminals and
drug dealers.
IN THE HOUSE OF REPRESENTATIVES
MARCH 14, 1996
Mr. CHRISTENSEN (for himself, Mr. ENSIGN, Mr. CHRYSLER, Mr. ENGLISH
of Pennsylvania, Mrs. SEASTRAND, and Mr. SAM JOHNSON of Texas) in-
troduced the following bill; which was referred to the Committee on the
Judiciary
A BILL
To control crime by increasing penalties for armed violent
criminals and drug dealers.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Hard Time for Gun
Crimes Act of 1996’’.
SEC. 2. MANDATORY PRISON TERMS FOR POSSESSING,
BRANDISHING, OR DISCHARGING A FIREARM
OR DESTRUCTIVE DEVICE DURING A CRIME
THAT IS A SERIOUS VIOLENT FELONY OR SE-
RIOUS DRUG OFFENSE.
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 serious 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 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 25 years; or
‘‘(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 30
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 more than the term of imprisonment that
would otherwise be imposed under this paragraph.
‘‘(2) Paragraph (1) shall not apply to the conduct of
a person in defense of person or property during the
course of a crime committed by another person (including
the arrest or attempted arrest of such other person during
or immediately after the commission of the crime), unless
the person engaged in or participated in criminal conduct
that gave rise to the criminal conduct of such other per-
son.
‘‘(3) 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
shall, in addition to the sentence imposed for such
second or subsequent offense, be sentenced to im-
prisonment for not less than 35 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 50 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.
‘‘(4)(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, drug trafficking
crime, serious violent felony, or serious drug offense in
which the firearm was used.
‘‘(B) No person sentenced under this subsection shall
be released for any reason whatsoever during a term of
imprisonment imposed under this subsection.’’.
SEC. 3. MANDATORY PENALTIES FOR VIOLENT FELONS.
Section 924(a)(2) of title 18, United States Code, is
amended by adding at the end the following: ‘‘The court
shall sentence a person convicted of an offense under sec-
tion 922(g)(1) to not less than 10 years in prison if the
person has a prior conviction for a serious violent felony
(as defined in section 3559(c)(2)(F)), and to not less than
30 years in prison if the person has 2 such prior convic-
tions.’’.
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