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                                                       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;''.

Pages: 1

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