[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 191 Reported in Senate (RS)]
Calendar No. 266
105th CONGRESS
1st Session
S. 191
_______________________________________________________________________
A BILL
To throttle criminal use of guns.
_______________________________________________________________________
November 6, 1997
Reported with an amendment
Calendar No. 266
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, Mr. Faircloth, Mr. Inhofe, Mr. Hagel, Mr. Enzi, Mr. Kyl, Mr.
Thurmond, Mr. Stevens, Mr. Ashcroft, Mr. Sessions, Mr. Shelby, Mr.
Hutchinson, and Mr. Smith of New Hampshire) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
November 6, 1997
Reported by Mr. Hatch, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. AMENDMENT TO TITLE 18, UNITED STATES
CODE.</DELETED>
<DELETED> Section 924(c) of title 18, United States Code, is
amended--</DELETED>
<DELETED> (1) by striking ``(c)'' and all that follows
through ``(2)'' and inserting the following:</DELETED>
<DELETED> ``(c) Possession of Firearm During Commission of Crime of
Violence or Drug Trafficking Crime.--</DELETED>
<DELETED> ``(1) Term of imprisonment.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) be sentenced to a term of
imprisonment of not less than 5
years;</DELETED>
<DELETED> ``(ii) if the firearm is
discharged, be sentenced to a term of
imprisonment of not less than 10 years;
and</DELETED>
<DELETED> ``(iii) if the death of any person
results, be sentenced to a term of imprisonment
for life or sentenced to death.</DELETED>
<DELETED> ``(B) Exception for certain offenses.--If
the firearm possessed by a person convicted of a
violation of this subsection--</DELETED>
<DELETED> ``(i) is a short-barreled rifle,
short-barreled shotgun, or semiautomatic
assault weapon, the person shall be--</DELETED>
<DELETED> ``(I) sentenced to a term
of imprisonment of not less than 10
years; and</DELETED>
<DELETED> ``(II) if the death of any
person results, sentenced to a term of
imprisonment for life or sentenced to
death; and</DELETED>
<DELETED> ``(ii) is a machinegun or a
destructive device, or is equipped with a
firearm silencer or firearm muffler, the person
shall be--</DELETED>
<DELETED> ``(I) sentenced to a term
of imprisonment of not less than 30
years; and</DELETED>
<DELETED> ``(II) if the death of any
person results, sentenced to a term of
imprisonment for life or sentenced to
death.</DELETED>
<DELETED> ``(C) Exception for certain offenders.--In
the case of a second or subsequent conviction under
this subsection, a person shall--</DELETED>
<DELETED> ``(i) be sentenced to a term of
imprisonment of not less than 25 years;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(D) Probation and concurrent
sentences.--Notwithstanding any other provision of
law--</DELETED>
<DELETED> ``(i) a court shall not place on
probation or suspend the sentence of any person
convicted of a violation of this subsection;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Definition of `drug trafficking crime'.--'';
and</DELETED>
<DELETED> (2) in paragraph (3)--</DELETED>
<DELETED> (A) by striking ``(3) For'' and inserting
the following:</DELETED>
<DELETED> ``(3) Definition of `crime of violence'.--For'';
and</DELETED>
<DELETED> (B) by indenting each of subparagraphs (A)
and (B) 2 ems to the right.</DELETED>
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
``(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 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; and
``(ii) if the firearm is discharged, be
sentenced to a term of imprisonment of not less
than 10 years.
``(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 sentenced to a term
of imprisonment of not less than 10 years; and
``(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 years.
``(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
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.
(b) Conforming Amendment.--Section 3559(c)(2)(F)(i) of title 18,
United States Code, is amended by inserting ``firearms possession (as
described in section 924(c));'' after ``firearms use;''.