Summary: H.R.125 — 104th Congress (1995-1996)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed House amended (03/22/1996)

Gun Crime Enforcement and Second Amendment Restoration Act of 1996 - Directs the Attorney General to: (1) establish an armed violent criminal apprehension program under which each U.S. attorney shall designate at least one assistant U.S. attorney to prosecute armed violent criminals and shall establish an armed violent criminal apprehension task force to develop strategies for removing armed violent criminals from the streets; (2) require each U.S. attorney to report to the Department of Justice (DOJ) monthly on the number of defendants charged with, or convicted of, violating specified offenses (such as possession of a firearm by an illegal alien and using or carrying a firearm during and in relation to any crime of violence or drug trafficking crime) ; and (3) submit to the Congress at least twice annually a compilation of the information received by DOJ and a report on all waivers granted under this Act.

Authorizes a U.S. attorney to request, and the Attorney General to grant, a waiver of such requirements with respect to the U.S. attorney. Directs the Attorney General, in establishing guidelines for such a waiver, to consider the number of assistant U.S. attorneys in the requesting office and the level of violent crime committed in the district.

Terminates such program after five years.

(Sec. 4) Amends the Violent Crime Control and Law Enforcement Act of 1994 to repeal: (1) the ban on semiautomatic assault weapons and large capacity ammunition feeding devices; and (2) a provision of such Act directing the Attorney General to study the effect of provisions related to the ban, to determine their impact on violent and drug trafficking crime, and to report to the Congress.

(Sec. 5) Provides mandatory additional prison terms of: (1) five, ten, or 20 years, respectively, for possessing, brandishing, or discharging a firearm or destructive device during a Federal crime of violence or drug trafficking crime; and (2) 20, 25, or 30 years, respectively, for second or subsequent convictions or life imprisonment for a second or subsequent offense involving a machine gun or destructive device or a firearm equipped with a silencer or muffler. Prohibits any person who receives such an mandatory additional sentence from being released for any reason during the imposed term of imprisonment.