[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3537 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3537

To amend title 18, United States Code, to impose mandatory prison terms 
   for possession or use of a firearm or a destructive device during 
 conduct constituting a crime of violence or a drug trafficking crime 
                            under State law.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 1993

  Mr. Manton introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to impose mandatory prison terms 
   for possession or use of a firearm or a destructive device during 
 conduct constituting a crime of violence or a drug trafficking crime 
                            under State law.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That section 924 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(i)(1)(A) Whoever engages in any crime of violence or drug 
trafficking crime (including a crime of violence or drug trafficking 
crime which provides for an enhanced punishment if committed by the use 
of a deadly or dangerous weapon or device) for which he may be 
prosecuted in a court of any State--
            ``(i) knowingly possesses a firearm which has moved at any 
        time in interstate or foreign commerce, shall, in addition to 
        the punishment provided for the crime of violence or drug 
        trafficking crime, be sentenced to imprisonment for not less 
        than 10 years without release;
            ``(ii) discharges such a firearm with intent to injure 
        another person, shall, in addition to the punishment provided 
        for the crime of violence or drug trafficking crime, be 
        sentenced to imprisonment for not less than 20 years without 
        release; or
            ``(iii) knowingly possesses such a firearm that is a 
        machinegun or destructive device, or is equipped with a firearm 
        silencer or firearm muffler, shall, in addition to the 
        punishment provided for the crime of violence or drug 
        trafficking crime, be sentenced to imprisonment for 30 years 
        without release.
    ``(B) In the case of his second conviction under this subsection, 
in addition to the punishment provided for the crime of violence or 
drug trafficking crime, the person shall be sentenced to--
            ``(i) imprisonment for not less than 20 years without 
        release if such conviction is for possession of a firearm;
            ``(ii) imprisonment for not less than 30 years without 
        release if such conviction is for discharge of a firearm; or
            ``(iii) life imprisonment without release if such 
        conviction is for possession of a firearm that is a machinegun 
        or a destructive device, or is equipped with a firearm silencer 
        or firearm muffler.
    ``(C) In the case of his third or subsequent conviction under this 
subsection, the person shall be sentenced to life imprisonment without 
release.
    ``(D) Notwithstanding any other provision of law, a court of the 
United States shall not place on probation or suspend the sentence of 
any person convicted of a violation of this subsection, nor shall any 
term of imprisonment imposed under this subsection run concurrently 
with any other term of imprisonment including that imposed for the 
crime of violence or drug trafficking crime in which the firearm was 
possessed or discharged.
    ``(2) For the purposes of paragraph (1), a person shall be 
considered to be in possession of a firearm if--
            ``(A) in the case of a crime of violence, the person 
        touches a firearm at the scene of the crime at any time during 
        the commission of the crime; and
            ``(B) in the case of a drug trafficking crime, the person 
        has a firearm readily available at the scene of the crime 
        during the commission of the crime.
    ``(3) Except in the case of a person whose criminal conduct gives 
rise to the use of a firearm by the person, this subsection shall not 
apply to the conduct of any person in defense of person or property 
during the course of the commission of a crime by another person 
(including during the arrest or attempted arrest of such other person 
during or immediately after the commission of the crime).
    ``(4) For purposes of this subsection, the term `drug trafficking 
crime' means any crime punishable by imprisonment for more than one 
year involving the manufacture, distribution, possession, cultivation, 
sale, or transfer of a controlled substance, controlled substance 
analogue, immediate precursor, or listed chemical (as such terms are 
defined in section 102 of the Controlled Substances Act (21 U.S.C. 
802)), or any attempt or conspiracy to commit such a crime.
    ``(5) For purposes of this subsection, the term `crime of violence' 
means an offense that is punishable by imprisonment for more than one 
year and--
            ``(A) has as an element the use, attempted use, or 
        threatened use of physical force against the person or property 
        of another, or
            ``(B) that by its nature, involves a substantial risk that 
        physical force against the person or property of another may be 
        used in the course of committing the offense.''.

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