Text: S.191 — 105th Congress (1997-1998)All Information (Except Text)

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Public Law No: 105-386 (11/13/1998)

 
[105th Congress Public Law 386]
[From the U.S. Government Printing Office]


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[DOCID: f:publ386.105]


[[Page 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 <<NOTE: Nov. 13, 1998 -  [S. 191]>>  the United States of America in 
                           Congress assembled,

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 
        semiautomatic 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 
        years.

    ``(C) In the case of a second or subsequent conviction under this 
subsection, the 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 
        convicted of a violation of this subsection; and

[[Page 112 STAT. 3470]]

            ``(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.''; 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 whether 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 possession (as 
described in section 924(c));'' after ``firearms use;''.

    Approved November 13, 1998.

LEGISLATIVE HISTORY--S. 191 (H.R. 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.

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