[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 191 Enrolled Bill (ENR)]

        S.191

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 An Act


 
                    To throttle criminal use of guns.

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

SECTION 1. AMENDMENT TO TITLE 18, UNITED STATES CODE.

    (a) In General.--Section 924(c) of title 18, United States Code, is 
amended--
        (1) by striking ``(c)'' and all that follows through the end of 
    paragraph (1) and inserting the following:
    ``(c)(1)(A) Except to the extent that a greater minimum sentence is 
otherwise provided by this subsection or by any other provision of law, 
any person who, during and in relation to any crime of violence or drug 
trafficking crime (including a crime of violence or drug trafficking 
crime that 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, uses or carries a firearm, 
or who, in furtherance of any such crime, possesses a firearm, shall, 
in addition to the punishment provided for such crime of violence or 
drug trafficking crime--
        ``(i) be sentenced to a term of imprisonment of not less than 5 
    years;
        ``(ii) if the firearm is brandished, be sentenced to a term of 
    imprisonment of not less than 7 years; and
        ``(iii) if the firearm is discharged, be sentenced to a term of 
    imprisonment of not less than 10 years.
    ``(B) If the firearm possessed by a person convicted of a violation 
of this subsection--
        ``(i) is a short-barreled rifle, short-barreled shotgun, or 
    semiautomatic assault weapon, the person shall be sentenced to a 
    term of imprisonment of not less than 10 years; or
        ``(ii) is a machinegun or a destructive device, or is equipped 
    with a firearm silencer or firearm muffler, the person shall be 
    sentenced to a term of imprisonment of not less than 30 years.
    ``(C) In the case of a second or subsequent conviction under this 
subsection, the person shall--
        ``(i) be sentenced to a term of imprisonment of not less than 
    25 years; and
        ``(ii) if the firearm involved is a machinegun or a destructive 
    device, or is equipped with a firearm silencer or firearm muffler, 
    be sentenced to imprisonment for life.
    ``(D) Notwithstanding any other provision of law--
        ``(i) a court shall not place on probation any person convicted 
    of a violation of this subsection; and
        ``(ii) no term of imprisonment imposed on a person under this 
    subsection shall run concurrently with any other term of 
    imprisonment imposed on the person, including any term of 
    imprisonment imposed for the crime of violence or drug trafficking 
    crime during which the firearm was used, carried, or possessed.''; 
    and
        (2) by adding at the end the following:
        ``(4) For purposes of this subsection, the term `brandish' 
    means, with respect to a firearm, to display all or part of the 
    firearm, or otherwise make the presence of the firearm known to 
    another person, in order to intimidate that person, regardless of 
    whether the firearm is directly visible to that person.''.
    (b) Conforming Amendment.--Section 3559(c)(2)(F)(i) of title 18, 
United States Code, is amended by inserting ``firearms possession (as 
described in section 924(c));'' after ``firearms use;''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.