Stop Gun Criminals Act
Bill: S.4376 | Sponsor: Sen. Cotton, Tom (R-AR)
Policy area: Crime and Law Enforcement

Summary:
Stop Gun Criminals Act
This bill increases the term of imprisonment for certain offenses involving firearms, particularly those that are committed by repeat offenders.

To amend title 18, United States Code, relating to sentencing of armed 
                           career criminals.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Gun Criminals Act''.

SEC. 2. AMENDMENTS TO THE ARMED CAREER CRIMINAL ACT.

    Section 924 of title 18, United States Code, is amended--
            (1) in subsection (a)(2)--
                    (A) by striking ``violates subsection'' and 
                inserting the following: ``violates--
                    ``(A) subsection'';
                    (B) in subparagraph (A), as so designated, by 
                striking ``(g)'';
                    (C) by striking the period at the end and inserting 
                ``; or''' and
                    (D) by adding at the end the following:
                    ``(B) section 922(g) shall be--
                            ``(i) fined as provided in this title; and
                            ``(ii) except as provided in subsection (e) 
                        of this section, imprisoned not less than 5 
                        years and not more than 10 years.'';
            (2) in subsection (c)(1)(A)--
                    (A) in clause (i), by striking ``5 years'' and 
                inserting ``7 years'';
                    (B) in clause (ii), by striking ``7 years'' and 
                inserting ``10 years''; and
                    (C) in clause (iii), by striking ``10 years'' and 
                inserting ``15 years''; and
            (3) by striking subsection (e) and inserting the following:
    ``(e)(1) Whoever knowingly violates section 922(g) and has 3 or 
more previous serious felony convictions for offenses committed on 
occasions different from one another shall be fined under this title 
and imprisoned not less than 15 years and not more than 30 years, and, 
notwithstanding any other provision of law, the court shall not suspend 
the sentence of, or grant a probationary sentence to, such person with 
respect to the conviction under section 922(g).
    ``(2) In this subsection--
            ``(A) the term `offense punishable by imprisonment for a 
        statutory maximum term of not less than 10 years' includes an 
        offense (without regard to the application of any sentencing 
        guideline, statutory criterion, or judgment that may provide 
        for a shorter period of imprisonment within the statutory 
        sentencing range) for which the statute provides for a range in 
        the period of imprisonment that may be imposed at sentencing 
        the maximum term of which is not less than 10 years; and
            ``(B) the term `serious felony conviction' means--
                    ``(i) any conviction by a court referred to in 
                section 922(g)(1) for an offense that, at the time of 
                sentencing, was an offense punishable by imprisonment 
                for a statutory maximum term of not less than 10 years; 
                or
                    ``(ii) any group of convictions for which a court 
                referred to in section 922(g)(1) imposed in the same 
                proceeding or in consolidated proceedings a total term 
                of imprisonment of not less than 10 years, regardless 
                of how many years of that total term the defendant 
                served in custody.''.

SEC. 3. APPLICABILITY.

    (a) In General.--The amendments made by this Act relating to 
offenses committed by an individual who has 3 or more previous serious 
felony convictions (as defined in subsection (e) of section 924 of 
title 18, United States Code, as amended by this Act) shall apply to 
any offense committed after the date of enactment of this Act by an 
individual who, on the date on which the offense is committed, has 3 or 
more previous serious felony convictions.
    (b) Rule of Construction.--This Act and the amendments made by this 
Act shall not be construed to create any right to challenge a sentence 
imposed under subsection (e) of section 924 of title 18, United States 
Code.
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