[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2340 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2340

 To provide for 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 1997

 Mrs. Kelly (for herself and Mr. Cunningham) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide for 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.

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

SECTION 1. 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.''.
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