[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 125 Referred in Senate (RFS)]







104th CONGRESS
  2d Session
                                H. R. 125


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 25, 1996

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
To repeal the ban on semiautomatic assault weapons and the ban on large 
                  capacity ammunition feeding devices.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Gun Crime Enforcement and Second 
Amendment Restoration Act of 1996''.

SEC. 2. FINDINGS.

        The Congress finds the following:
            (1) One of the primary duties of government is to protect 
        its citizens from armed violent criminals. America's cherished 
        liberty and the social and economic prosperity of its 
        communities are dependent upon government's ability to maintain 
        public safety.
            (2) Criminals, by definition, operate outside the law and 
        routinely acquire firearms when they so desire. Banning 
        specific types of firearms has no effect on the moral behavior 
        of those who choose to inflict harm on innocent citizens.
            (3) The most effective way to protect the public from gun-
        wielding violent criminals is to arrest, convict, and 
        incarcerate such predators, and to ensure that they serve 
        sentences of sufficient length to prevent them from returning 
        quickly to the streets.

SEC. 3. ARMED VIOLENT CRIMINAL APPREHENSION DIRECTIVE.

        (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Attorney General of the United States shall 
establish an armed violent criminal apprehension program consistent 
with the following requirements:
            (1) Each United States attorney shall designate at least 1 
        assistant United States attorney to prosecute armed violent 
        criminals.
            (2) Each United States attorney shall establish an armed 
        violent criminal apprehension task force comprised of 
        appropriate law enforcement representatives. The task force 
        shall develop strategies for removing armed violent criminals 
        from the streets, taking into consideration--
                    (A) the importance of severe punishment in 
                deterring armed violent crime;
                    (B) the effectiveness of Federal and State laws 
                pertaining to apprehension and prosecution of armed 
                violent criminals;
                    (C) the resources available to each law enforcement 
                agency participating in the task force;
                    (D) the nature and extent of the violent crime 
                occurring in the district for which the United States 
                attorney is appointed; and
                    (E) the principle of limited Federal involvement in 
                the prosecution of crimes traditionally prosecuted in 
                State and local jurisdictions.
            (3) Not less frequently than monthly, the Attorney General 
        shall require each United States attorney to report to the 
        Department of Justice the number of defendants charged with, or 
        convicted of, violating section 922(g) or 924 of title 18, 
        United States Code, in the district for which the United States 
        attorney is appointed.
            (4) Not less frequently than twice annually, the Attorney 
        General shall submit to the Congress a compilation of the 
        information received by the Department of Justice pursuant to 
        paragraph (3) and a report on all waivers granted under 
        subsection (b).
        (b) Waiver Authority.--
            (1) Request for waiver.--A United States attorney may 
        request the Attorney General to waive the requirements of 
        subsection (a) with respect to the United States attorney.
            (2) Provision of waiver.--The Attorney General may waive 
        the requirements of subsection (a) pursuant to a request made 
        under paragraph (1), in accordance with guidelines which shall 
        be established by the Attorney General. In establishing the 
        guidelines, the Attorney General shall take into consideration 
        the number of assistant United States attorneys in the office 
        of the United States attorney making the request and the level 
        of violent crime committed in the district for which the United 
        States attorney is appointed.
        (c) Armed Violent Criminal Defined.--As used in this section, 
the term ``armed violent criminal'' means a person who is accused of 
violating section 922(g)(1) of title 18, United States Code, having 
been previously convicted of a violent crime, or who is accused of 
violating section 924 of such title.
        (d) Sunset.--This section shall have no force or effect after 
the 5-year period that begins 180 days after the date of the enactment 
of this Act.

SEC. 4. REPEAL OF THE PROHIBITIONS RELATING TO SEMIAUTOMATIC ASSAULT 
              WEAPONS AND LARGE CAPACITY AMMUNITION FEEDING DEVICES.

    (a) Section 922 of title 18, United States Code, is amended by 
striking subsections (v) and (w) and by striking the appendix.
    (b) Section 921(a) of such title is amended by striking paragraph 
(30).
    (c) Section 921(a)(31)(A) of such title is amended--
            (1) by striking ``manufactured after the date of enactment 
        of the Violent Crime Control and Law Enforcement Act of 1994''; 
        and
            (2) by striking ``, or that can be readily restored or 
        converted to accept,''.
    (d) Section 923(i) of such title is amended by striking the last 2 
sentences.
    (e) Section 924(a)(1)(B) of such title is amended by striking 
``(r), (v), or (w)'' and inserting ``or (r)''.
    (f) Section 110104 of the Violent Crime Control and Law Enforcement 
Act of 1994 (18 U.S.C. 921 note) is repealed.

SEC. 5. MANDATORY PRISON TERMS FOR POSSESSING, BRANDISHING, OR 
              DISCHARGING A FIREARM OR DESTRUCTIVE DEVICE DURING A 
              FEDERAL CRIME THAT IS A CRIME OF VIOLENCE OR A DRUG 
              TRAFFICKING CRIME.

    Section 924(c) of title 18, United States Code, is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (4) and (5), respectively; and
            (2) by striking paragraph (1) and inserting the following:
    ``(1) A person who, during and in relation to 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 the person may be prosecuted in a court of the United States--
            ``(A) possesses a firearm, shall, in addition to the 
        sentence imposed for the crime of violence or drug trafficking 
        crime, be sentenced to imprisonment for 5 years;
            ``(B) brandishes a firearm, shall, in addition to the 
        sentence imposed for the crime of violence or drug trafficking 
        crime, be sentenced to imprisonment for 10 years; or
            ``(C) discharges a firearm with the intent to injure 
        another person, shall, in addition to the sentence imposed for 
        the crime of violence or drug trafficking crime, be sentenced 
        to imprisonment for 20 years;
except that if the firearm is a short-barreled rifle or short-barreled 
shotgun, or is equipped with a large capacity ammunition feeding 
device, such additional sentence shall be imprisonment for 10 years 
more than the term of imprisonment that would otherwise be imposed 
under this paragraph, and if the firearm is a machinegun or destructive 
device or is equipped with a firearm silencer or firearm muffler, such 
additional sentence shall be imprisonment for 30 years.
    ``(2) In the case of the second or subsequent conviction of a 
person under this subsection--
            ``(A) if the person possessed a firearm during and in 
        relation to such second or subsequent crime of violence or drug 
        trafficking crime, the person shall, in addition to the 
        sentence imposed for such second or subsequent offense, be 
        sentenced to imprisonment for not less than 20 years;
            ``(B) if the person brandished a firearm during and in 
        relation to such second or subsequent crime of violence or drug 
        trafficking crime, the person shall, in addition to the 
        sentence imposed for such second or subsequent offense, be 
        sentenced to imprisonment for not less than 25 years; or
            ``(C) if the person discharged a firearm with the intent to 
        injure another person during and in relation to such second or 
        subsequent crime of violence or drug trafficking crime, the 
        person shall, in addition to the sentence imposed for such 
        second or subsequent offense, be sentenced to imprisonment for 
        not less than 30 years;
except that if the firearm is a machinegun or destructive device or is 
equipped with a firearm silencer or firearm muffler, the person shall, 
in addition to the sentence imposed for such second or subsequent 
offense, be sentenced to life imprisonment.
    ``(3)(A) Notwithstanding any other provision of law, the court 
shall not impose a probationary sentence on any person convicted of a 
violation of this subsection, nor shall a 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 used.
    ``(B) No person sentenced under this subsection shall be released 
for any reason whatsoever during a term of imprisonment imposed under 
this subsection.''.

            Passed the House of Representatives March 22, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.