[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3155 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3155

 To amend title 18, United States Code, to impose stiffer penalties on 
               persons convicted of lesser drug offenses.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 1998

  Mr. Goodling (for himself and 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 stiffer penalties on 
               persons convicted of lesser drug offenses.

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

SECTION 1. TEMPORARY PROHIBITION AGAINST POSSESSION OF A FIREARM BY, OR 
              TRANSFER OF A FIREARM TO, PERSONS CONVICTED OF A DRUG 
              CRIME.

    (a) In General.--Section 922 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(y)(1)(A) Except as provided in paragraph (2), it shall be 
unlawful for any individual who has been convicted in any court of a 
drug crime to possess a firearm during the period described in 
subparagraph (B).
    ``(B) The period described in this subparagraph is the period that 
begins with the date the individual is convicted of the drug crime and 
ends--
            ``(i) 5 years later; or
            ``(ii) if, during such 5-year period, the individual is 
        convicted of violating any Federal or State law relating to 
        firearms, 5 years after such later conviction.
    ``(2) Paragraph (1) shall not apply with respect to convictions 
occurring on or before the date of the enactment of this subsection.
    ``(z)(1)(A) Except as provided in paragraph (2), it shall be 
unlawful for any person to transfer a firearm to any individual knowing 
or having reasonable cause to believe that the individual is under 
indictment for a drug crime.
    ``(B)(i) Except as provided in paragraph (2), it shall be unlawful 
for any person, during the period described in clause (ii), to transfer 
a firearm to any individual knowing or having reasonable cause to 
believe that the individual has been convicted in any court of a drug 
crime.
    ``(ii) The period described in this clause is the period that 
begins with the date the individual is convicted of the drug crime and 
ends--
            ``(I) 5 years later; or
            ``(II) if, during such 5-year period, the individual is 
        convicted of violating any Federal or State law relating to 
        firearms, 5 years after such later conviction.
    ``(2) The second sentence of subsection (d) shall apply in like 
manner to paragraph (1) of this subsection.''.
    (b) Penalty.--Section 924(a)(1)(B) of such title is amended by 
inserting ``(y)(1), or (z)(1)'' before ``of section 922''.

SEC. 2. ENHANCED PENALTIES FOR POSSESSION OF A FIREARM DURING A DRUG 
              CRIME.

    Section 924 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(p) Whoever, during and in relation to a drug crime (including a 
drug 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 the United States, possesses a firearm, in 
addition to the punishment provided for such drug crime, may be 
sentenced to imprisonment for not less than 15 days and not more than 2 
years, and shall be fined not less than $2,500 and not more than 
$10,000, and if the firearm is a machinegun, or is equipped with a 
firearm silencer or firearm muffler, shall be sentenced to imprisonment 
for 15 years. In the case of a second or subsequent conviction under 
this subsection, such person shall be sentenced to imprisonment for not 
less than 15 days and not more than 2 years, and shall be fined not 
less than $2,500 and not more than $10,000, and if the firearm is a 
machinegun, or is equipped with a firearm silencer or firearm muffler, 
shall be sentenced to imprisonment for 30 years. 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 drug crime in which the firearm was 
possessed.''.

SEC. 3. DEFINITION OF DRUG CRIME.

    Section 921(a) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(34) The term `drug crime' means any offense (other than a drug 
trafficking crime) punishable by imprisonment under--
            ``(A) any Act specified in section 924(c)(2); or
            ``(B) any State law involving the possession, distribution, 
        or manufacture of a controlled substance (as defined in section 
        102 of the Controlled Substances Act).''.
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