[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1612 Introduced in Senate (IS)]

  2d Session
                                S. 1612

  To provide for increased mandatory minimum sentences for criminals 
              possessing firearms, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 13, 1996

    Mr. Helms (for himself, Mr. Dole, Mr. Hatch, Mr. Thurmond, Mr. 
  Faircloth, Mr. Gramm, and Mrs. Feinstein) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
  To provide for increased mandatory minimum sentences for criminals 
              possessing firearms, and for other purposes.

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

SECTION 1. INCREASED MANDATORY MINIMUM SENTENCES FOR CRIMINALS 
              POSSESSING FIREARMS.

    Section 924(c)(1) of title 18, United States Code, is amended to 
read as follows:
    ``(c)(1)(A) Except to the extent a greater minimum sentence is 
otherwise provided by any other provision of this subsection or any 
other law, 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 a person may be prosecuted in a court of the United States, 
possesses a firearm shall, in addition to the punishment provided for 
such crime of violence or drug trafficking crime--
            ``(i) be punished by imprisonment for not less than 10 
        years;
            ``(ii) if the firearm is discharged, be punished by 
        imprisonment for not less than 20 years; and
            ``(iii) if the death of a person results, be punished by 
        the death penalty or by imprisonment for not less than life.
    ``(B) If the firearm possessed by a person convicted under this 
subsection is a machinegun or a destructive device, or is equipped with 
a firearm silencer or firearm muffler, such person shall be sentenced 
to imprisonment for not less than 30 years.
    ``(C) In the case of a second or subsequent conviction under this 
subsection, such person shall be sentenced to imprisonment for not less 
than 25 years, and if the firearm is a machinegun or a destructive 
device, or is equipped with a firearm silencer or firearm muffler, to 
life imprisonment without release.
    ``(D) Notwithstanding any other provision of law, the court shall 
not place on probation or suspend the sentence of any person convicted 
of a violation of this subsection, nor shall the 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.''.
                                 <all>