A bill to throttle criminal use of guns.
PL 105-386 (S.191), enacted 11/13/1998

PUBLIC LAW 105-386—NOV. 13, 1998 
112 STAT. 3469 
Public Law 105-386 
105th Congress 
An Act 
To throttle criminal use of guns. 
Be it enacted by the Senate and House of Representatives 
of 
Nov. 13,1998 
the United States of America in Congress assembled, 
\s. i9i] 
SECTION 1. AMENDMENT TO TITLE 18, UNITED STATES CODE. 
(a) IN GENERAL.—Section 924(c) of title 18, United States Code, 
is amended— 
(1) by striking "(c)" and all that follows through the end 
of paragraph (1) and inserting the following: 
"(c)(1)(A) Except to the extent that a greater minimum sentence 
is otherwise provided by this subsection or by any other provision 
of law, any person who, during and in relation to any crime of 
violence or drug trafficking crime (including a crime of violence 
or drug trafficking crime that 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, uses or carries a firearm, or who, in furtherance of any 
such crime, possesses a firearm, shall, in addition to the punishment 
provided for such crime of violence or drug trafficking crime— 
"(i) be sentenced to a term of imprisonment of not less 
than 5 years; 
"(ii) if the firearm is brandished, be sentenced to a term 
of imprisonment of not less than 7 years; and 
"(iii) if the firearm is discharged, be sentenced to a term 
of imprisonment of not less than 10 years. 
"(B) If the firearm possessed by a person convicted of a violation 
of this subsection— 
"(i) is a short-barreled rifle, short-barreled shotgun, or semi-
automatic assault weapon, the person shall be sentenced to 
a term of imprisonment of not less than 10 years; or 
"(ii) is a machinegun or a destructive device, or is equipped 
with a firearm silencer or firearm muffler, the person shall 
be sentenced to a term of imprisonment of not less than 30 
vears. 
(C) In the case of a second or subsequent conviction under 
this subsection, tiie person shall— 
"(i) be sentenced to a term of imprisonment of not less 
than 25 years; and 
"(ii) if the firearm involved is a machinegun or a destructive 
device, or is equipped with a firearm silencer or firearm muffler, 
be sentenced to imprisonment for life. 
"(D) Notwithstanding any other provision of law— 
"(i) a court shall not place on probation any person con-
victed of a violation of this subsection; and 
112 STAT. 3470 
PUBLIC LAW 105-386—NOV. 13, 1998 
"(ii) no term of imprisonment imposed on a person under 
this subsection shall run concurrently with any other term 
of imprisonment imposed on the person, includmg any term 
of imprisonment imposed for the crime of violence or drug 
trafficking crime during which the firearm was used, carried, 
or possessed."; and 
(2) by adding at the end the following: 
"(4) For purposes of this subsection, the term *brandish' 
means, with respect to a firearm, to display all or part of 
the firearm, or otherwise make the presence of the firearm 
known to another person, in order to intimidate that person, 
regardless of whetner the firearm is directly visible to that 
person.". 
(b) CONFORMING AMENDMENT.—Section 3559(c)(2)(F)(i) of title 
18, United States Code, is amended by inserting "firearms posses-
sion (as described in section 924(c));" after "firearms use;". 
Approved November 13, 1998. 
LEGISLATIVE fflSTORY—S. 191 (HJl. 424) (S. 43): 
HOUSE REPORTS: No. 105-344 accompanying H.R. 424 (Comm. on Resources). 
CONGRESSIONAL RECORD: 
Vol. 143 (1997): Nov. 13, considered and passed Senate. 
Vol. 144 (1998): Oct. 9, considered and passed House, amended. 
Oct. 15, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
Nov. 13, Presidential remarks.