[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[S. 191 Introduced in Senate (IS)]
105th CONGRESS
1st Session
S. 191
To throttle criminal use of guns.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 22, 1997
Mr. Helms (for himself, Mr. DeWine, Mr. Hatch, Mr. Nickles, Mr.
Abraham, and Mr. Faircloth) introduced the following bill; which was
read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To throttle criminal use of guns.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AMENDMENT TO TITLE 18, UNITED STATES CODE.
Section 924(c) of title 18, United States Code, is amended--
(1) by striking ``(c)'' and all that follows through
``(2)'' and inserting the following:
``(c) Possession of Firearm During Commission of Crime of Violence
or Drug Trafficking Crime.--
``(1) Term of imprisonment.--
``(A) In general.--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 a person may be
prosecuted in a court of the United States, uses,
carries, or 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 discharged, be
sentenced to a term of imprisonment of not less
than 10 years; and
``(iii) if the death of any person results,
be sentenced to a term of imprisonment for life
or sentenced to death.
``(B) Exception for certain offenses.--If the
firearm possessed by a person convicted of a violation
of this subsection--
``(i) is a short-barreled rifle, short-
barreled shotgun, or semiautomatic assault
weapon, the person shall be--
``(I) sentenced to a term of
imprisonment of not less than 10 years;
and
``(II) if the death of any person
results, sentenced to a term of
imprisonment for life or sentenced to
death; and
``(ii) is a machinegun or a destructive
device, or is equipped with a firearm silencer
or firearm muffler, the person shall be--
``(I) sentenced to a term of
imprisonment of not less than 30 years;
and
``(II) if the death of any person
results, sentenced to a term of
imprisonment for life or sentenced to
death.
``(C) Exception for certain offenders.--In the case
of a second or subsequent conviction under this
subsection, a person shall--
``(i) be sentenced to a term of
imprisonment of not less than 25 years; and
``(ii) if the firearm at issue is a
machinegun or a destructive device, or is
equipped with a firearm silencer or firearm
muffler, be sentenced to a term of imprisonment
for life.
``(D) Probation and concurrent sentences.--
Notwithstanding any other provision of law--
``(i) a court shall not place on probation
or suspend the sentence of any person convicted
of a violation of this subsection; and
``(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, including
any term of imprisonment imposed for the crime
of violence or drug trafficking crime during
which the firearm was used, carried, or
possessed.
``(2) Definition of `drug trafficking crime'.--''; and
(2) in paragraph (3)--
(A) by striking ``(3) For'' and inserting the
following:
``(3) Definition of `crime of violence'.--For''; and
(B) by indenting each of subparagraphs (A) and (B)
2 ems to the right.
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