[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 424 Reported in House (RH)]





                                                 Union Calendar No. 199

105th CONGRESS

  1st Session

                               H. R. 424

                          [Report No. 105-344]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            October 24, 1997

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 199
105th CONGRESS
  1st Session
                                H. R. 424

                          [Report No. 105-344]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 1997

Mrs. Myrick (for herself, Mr. Gilman, Mr. Graham, Mr. Solomon, and Mr. 
Sensenbrenner) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

                            October 24, 1997

Additional sponsors: Mr. Talent, Mr. Foley, Mr. Horn, Mr. Ehrlich, Mr. 
                   Petri, Mr. Wexler, and Mrs. Kelly

                            October 24, 1997

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on January 
                                9, 1997]

_______________________________________________________________________

                                 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. 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.''.