[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 826 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 826

 To amend title 18, United States Code, to provide specific penalties 
      for taking a firearm from a Federal law enforcement officer.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 25, 1997

 Mr. Ney (for himself, Mr. Oxley, Mr. Barr of Georgia, Mr. Baker, Mr. 
Riggs, Mr. LoBiondo, Mr. Goode, Mr. Traficant, Mr. Hobson, and Mr. Fox 
 of Pennsylvania) introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to provide specific penalties 
      for taking a firearm from a Federal law enforcement officer.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gun Retention Act of 1997''.

SEC. 2. TAKING A FIREARM FROM A LAW ENFORCEMENT OFFICER.

    (a) In General.--Chapter 7 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 117. Taking a firearm from a law enforcement officer
    ``(a) Whoever knowingly takes a firearm--
            ``(1) from the person of a law enforcement officer, while 
        such officer is engaged in the performance of official duties; 
        and
            ``(2) against that officer's will;
or attempts to do so, shall be punished as provided in subsection (b).
    ``(b) The punishment for an offense under this section is--
            ``(1) in the case of an offense other than an attempt, or 
        an offense that is an attempt during which the firearm is 
        discharged (other than intentionally by the officer), a fine 
        under this title and imprisonment for not less than 10 nor more 
        than 15 years; and
            ``(2) in the case of any other offense that is an attempt, 
        a fine under this title and imprisonment for not less than 5 
        nor more than 10 years.
    ``(c) A term of imprisonment imposed under this section shall not 
run concurrently with any other term of imprisonment imposed with 
respect to the same criminal episode.
    ``(d) As used in this section--
            ``(1) the term `firearm' has the meaning given that term in 
        section 921 of this title; and
            ``(2) the term `law enforcement officer' means a person 
        designated in section 1114 of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 7 of title 18, United States Code, is amended by adding at the 
end the following new item:

``117. Taking a firearm from a law enforcement officer.''.
                                 <all>