[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1488 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1488

 To control crime by increasing penalties for armed violent criminals.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 7, 1995

  Mr. Barr (for himself, Mr. McCollum, Mr. Bryant of Tennessee, Mrs. 
 Chenoweth, Mr. Stockman, Mr. Bartlett of Maryland, Mr. Brewster, Mr. 
   Tauzin, and Mr. Volkmer) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To control crime by increasing penalties for armed violent criminals.

    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 ``Citizens' Protection From Violent 
Crime Act of 1995''.

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) The fulfillment of government's responsibility is not 
        achieved by gun control laws. Criminals, by definition, operate 
        outside the law and routinely acquire firearms when they so 
        desire.
            (3) The only true effect of gun control laws is to disarm 
        citizens who have no intention of harming others except in the 
        course of self-defense. These laws also have the effect of 
        criminalizing the mere possession of certain types of guns even 
        when such possession is for entirely lawful purposes.
            (4) The Second Amendment to the Constitution of the United 
        States guarantees citizens the right to possess firearms. This 
        right is grounded in the need for self-defense.
            (5) People in the United States frequently use firearms to 
        defend themselves because police cannot always protect, and are 
        not legally liable for failing to protect, individual citizens.

SEC. 3. MANDATORY PRISON TERMS FOR POSSESSING, BRANDISHING, OR 
              DISCHARGING A FIREARM OR DESTRUCTIVE DEVICE DURING A 
              STATE CRIME THAT IS A SERIOUS VIOLENT FELONY OR SERIOUS 
              DRUG OFFENSE.

    Section 924(c) of title 18, United States Code, is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (5) and (6), respectively;
            (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 serious 
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, such additional sentence shall be imprisonment for 5 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)(A) A person who, during and in relation to a serious violent 
felony or serious drug offense (including a serious violent felony or 
serious drug offense 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 any State--
            ``(i) possesses a firearm, shall, in addition to the 
        sentence imposed for the serious violent felony or serious drug 
        offense, be sentenced to imprisonment for not less than 5 
        years;
            ``(ii) brandishes a firearm, shall, in addition to the 
        sentence imposed for the serious violent felony or serious drug 
        offense, be sentenced to imprisonment for not less than 10 
        years; or
            ``(iii) discharges a firearm with the intent to injure 
        another person, shall, in addition to the sentence imposed for 
        the serious violent felony or serious drug offense, be 
        sentenced to imprisonment for not less than 20 years;
except that 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 not less than 30 years.
    ``(B) Subparagraph (A) shall not apply to the conduct of a person 
in defense of person or property during the course of a crime committed 
by another person (including the arrest or attempted arrest of such 
other person during or immediately after the commission of the crime), 
unless the person engaged in or participated in criminal conduct that 
gave rise to the criminal conduct of such other person.
    ``(C) It is the intent of the Congress that--
            ``(i) this paragraph shall be used to supplement but not 
        supplant the efforts of State and local prosecutors in 
        prosecuting serious violent felonies and serious drug offenses 
        that could be prosecuted under State law; and
            ``(ii) the Attorney General shall give due deference to the 
        interest that a State or local prosecutor has in prosecuting a 
        person under State law.
    ``(3) 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, drug 
        trafficking crime, serious violent felony, or serious drug 
        offense, 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, drug 
        trafficking crime, serious violent felony, or serious drug 
        offense, 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, drug trafficking crime, serious 
        violent felony, or serious drug offense, 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.
    ``(4)(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, drug 
trafficking crime, serious violent felony, or serious drug offense 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.''; and
            (3) by adding at the end the following:
    ``(7) For purposes of this subsection, the term `serious violent 
felony' shall have the meaning given such term by section 
3559(c)(2)(F)(i).
    ``(8) For purposes of this subsection, the term `serious drug 
offense' means an offense under State law that, had the offense been 
prosecuted in a court of the United States, would have been punishable 
under section 401(b)(1)(B) or section 408 of the Controlled Substances 
Act (21 U.S.C. 841(b)(1)(B), 848), or section 1010(b)(2) of the 
Controlled Substances Import and Export Act (21 U.S.C. 960(b)(2)).''.

SEC. 4. MANDATORY PENALTIES FOR VIOLENT FELONS.

    Section 924(a)(2) of title 18, United States Code, is amended by 
adding at the end the following: ``The court shall sentence a person 
convicted of an offense under section 922(g)(1) of this title to not 
less than 5 years in prison if the person has a prior conviction for a 
serious violent felony (as defined in section 3559(c)(2)(F)), and to 
not less than 10 years in prison if the person has 2 such prior 
convictions.''.

SEC. 5. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER CRIMINAL ACT 
              PREDICATES.

    Section 924(e)(2)(A) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of clause (i);
            (2) in clause (ii), by striking the semicolon and inserting 
        ``or which, if it had been prosecuted as a violation of the 
        Controlled Substances Act (21 U.S.C. 801 et seq.) at the time 
        of the offense, and because of the type and quantity of the 
        controlled substance involved, would have been punishable by a 
        maximum term of imprisonment of 10 years or more; or''; and
            (3) by adding at the end the following:
                            ``(iii) any act of juvenile delinquency 
                        that if committed by an adult would be a 
                        serious drug offense described in this 
                        paragraph;''.

SEC. 6. PRETRIAL DETENTION FOR POSSESSION OF FIREARMS OR EXPLOSIVES BY 
              CONVICTED VIOLENT FELONS.

    Section 3156(a)(4) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting a semicolon; and
            (3) by adding after subparagraph (C) the following:
                    ``(D) an offense that is a violation of section 
                842(i) of this title (relating to possession of 
                explosives by convicted felons); or
                    ``(E) an offense that is a violation of section 
                922(g)(1) of this title (relating to possession of 
                firearms by convicted felons), if the offender has 
                previously been convicted of such a violation or of any 
                other offense described in this paragraph.''.

SEC. 7. 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. 8. RIGHT TO USE FIREARMS IN DEFENSE OF SELF OR OTHER PERSONS 
              WITHIN A HOME; ENFORCEMENT.

    (a) Reaffirmation of Right.--A person not prohibited by Federal law 
from receiving a firearm shall have the right to use firearms within a 
home in defense of self or other persons against a reasonably perceived 
threat of imminent and unlawful infliction of serious bodily injury.
    (b) Firearm Defined.--As used in subsection (a), the term 
``firearm'' means--
            (1) a shotgun (as defined in section 921(a)(5) of title 18, 
        United States Code);
            (2) a rifle (as defined in section 921(a)(7) of title 18, 
        United States Code); or
            (3) a handgun (as defined in section 10 of Public Law 99-
        408).
    (c) Enforcement.--
            (1) In general.--A person whose right under subsection (a) 
        is violated in any manner by any other person or by any 
        government may bring an action in any United States district 
        court against such other person or government for damages, 
        injunctive relief, and such other relief as the court deems 
        appropriate.
            (2) Authority to award a reasonable attorney's fee.--In an 
        action brought under paragraph (1), the court, in its 
        discretion, may allow the prevailing plaintiff a reasonable 
        attorney's fee as part of the costs.
            (3) Statute of limitations.--An action may not be brought 
        under paragraph (1) after the 5-year period that begins with 
        the date the violation described in paragraph (1) is 
        discovered.

SEC. 9. REPEAL OF THE BAN ON SEMIAUTOMATIC FIREARMS AND THE BAN ON 
              LARGE CAPACITY AMMUNITION FEEDING DEVICES.

    (a) In General.--Section 922 of title 18, United States Code, is 
amended by striking subsections (v) and (w) and by striking the 
appendix.
    (b) Conforming Amendments and Repeals.--
            (1) Section 921(a) of such title is amended by striking 
        paragraphs (30) and (31).
            (2) Section 924(a)(1)(B) of such title is amended by 
        striking ``(r), (v), or (w)'' and inserting ``or (r)''.
            (3) Section 923(i) of such title is amended by striking the 
        last 2 sentences.
            (4) Section 110104 of the Violent Crime Control and Law 
        Enforcement Act of 1994 (18 U.S.C. 921 note) is hereby 
        repealed.
            (5) Section 110501 of such Act (28 U.S.C. 994 note) is 
        hereby repealed.
    (c) Effective Dates.--
            (1) Retroactive effect generally.--Except as provided in 
        paragraph (2), the amendments made by this section shall take 
        effect as if such amendments had been included in subtitle A of 
        title XI of the Violent Crime Control and Law Enforcement Act 
        of 1994 on the date of the enactment of such Act. Any 
        liability, penalty, or forfeiture incurred by reason of any 
        amendment made by section 110102 or 110103 of such Act is 
        hereby extinguished, and any action or prosecution for the 
        enforcement of any such liability, penalty, or forfeiture shall 
        not be sustained.
            (2) Exception.--The amendment made by subsection (b)(5) 
        shall take effect on the date of the enactment of this Act.
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