[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 424 Referred in Senate (RFS)]

  2d Session
                                H. R. 424


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 25, 1998

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

_______________________________________________________________________

                                 AN ACT


 
  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. 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 
        (5) and (6), 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 in furtherance of the crime, 
        shall, in addition to the sentence imposed for the crime of 
        violence or drug trafficking crime, be sentenced to 
        imprisonment for 10 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 15 years; or
            ``(C) discharges a firearm, 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 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 conviction is for possession of a firearm as 
        described in paragraph (1), the person shall, in addition to 
        the sentence imposed for the crime of violence or drug 
        trafficking crime involved, be sentenced to imprisonment for 
        not less than 20 years;
            ``(B) if the conviction is for brandishing a firearm as 
        described in paragraph (1), the person shall, in addition to 
        the sentence imposed for the crime of violence or drug 
        trafficking crime involved, be sentenced to imprisonment for 
        not less than 25 years; or
            ``(C) if the conviction is for discharging a firearm as 
        described in paragraph (1), the person shall, in addition to 
        the sentence imposed for the crime of violence or drug 
        trafficking crime involved, 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 the crime of violence or drug 
trafficking crime involved, be sentenced to life imprisonment.
    ``(3) 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.
    ``(4) For purposes of this subsection, the term `brandish' means, 
with respect to a firearm, to display all or part of the firearm so as 
to intimidate or threaten, regardless of whether the firearm is 
visible.''.

            Passed the House of Representatives February 24, 1998.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.