[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 43 Placed on Calendar Senate (PCS)]






                                                         Calendar No. 3
105th CONGRESS
  1st Session
                                 S. 43

                   To throttle criminal use of guns.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1997

    Mr. Helms (for himself, Mr. DeWine, Mr. Hatch, Mr. Nickles, Mr. 
 Abraham, and Mr. Faircloth) introduced the following bill; which was 
                 read twice and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
                   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.

    Section 924(c) of title 18, United States Code, is amended--
            (1) by striking ``(c)'' and all that follows through 
        ``(2)'' and inserting the following:
    ``(c) Possession of Firearm During Commission of Crime of Violence 
or Drug Trafficking Crime.--
            ``(1) Term of imprisonment.--
                    ``(A) In general.--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 a person may be 
                prosecuted in a court of the United States, uses, 
                carries, or 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 discharged, be 
                        sentenced to a term of imprisonment of not less 
                        than 10 years; and
                            ``(iii) if the death of any person results, 
                        be sentenced to a term of imprisonment for life 
                        or sentenced to death.
                    ``(B) Exception for certain offenses.--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--
                                    ``(I) sentenced to a term of 
                                imprisonment of not less than 10 years; 
                                and
                                    ``(II) if the death of any person 
                                results, sentenced to a term of 
                                imprisonment for life or sentenced to 
                                death; and
                            ``(ii) is a machinegun or a destructive 
                        device, or is equipped with a firearm silencer 
                        or firearm muffler, the person shall be--
                                    ``(I) sentenced to a term of 
                                imprisonment of not less than 30 years; 
                                and
                                    ``(II) if the death of any person 
                                results, sentenced to a term of 
                                imprisonment for life or sentenced to 
                                death.
                    ``(C) Exception for certain offenders.--In the case 
                of a second or subsequent conviction under this 
                subsection, a person shall--
                            ``(i) be sentenced to a term of 
                        imprisonment of not less than 25 years; and
                            ``(ii) if the firearm at issue is a 
                        machinegun or a destructive device, or is 
                        equipped with a firearm silencer or firearm 
                        muffler, be sentenced to a term of imprisonment 
                        for life.
                    ``(D) Probation and concurrent sentences.--
                Notwithstanding any other provision of law--
                            ``(i) a court shall not place on probation 
                        or suspend the sentence of 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.
            ``(2) Definition of `drug trafficking crime'.--''; and
            (2) in paragraph (3)--
                    (A) by striking ``(3) For'' and inserting the 
                following:
            ``(3) Definition of `crime of violence'.--For''; and
                    (B) by indenting each of subparagraphs (A) and (B) 
                2 ems to the right.




                                                         Calendar No. 3

105th CONGRESS

  1st Session

                                 S. 43

_______________________________________________________________________

                                 A BILL

                   To throttle criminal use of guns.

_______________________________________________________________________

                            January 21, 1997

                 Read twice and placed on the calendar