[Congressional Record Volume 142, Number 34 (Wednesday, March 13, 1996)]
[Senate]
[Pages S1976-S1977]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HELMS (for himself, Mr. Dole, Mr. Hatch, Mr. Thurmond, Mr. 
        Faircloth, Mr. Gramm, and Mrs. Feinstein):
  S. 1612. A bill to provide for increased mandatory minimum sentences 
for criminals possessing firearms, and for other purposes; to the 
Committee on the Judiciary.


                mandatory minimum sentencing legislation

  Mr. HELMS. Mr. President, a drug trafficker who in 1992 was convicted 
in the U.S. District Court for the Eastern District of North Carolina 
was released from prison 2 days ago, Monday, March 11, as the tragic 
result of an unfortunate and unwise Supreme Court decision.
  Although the drug trafficker had 5 more years to serve, the U.S. 
Supreme Court, using the flimsiest of reasoning, set this convicted 
drug trafficker free. So, Mr. President, the bill I am introducing 
today will prevent future criminals from being set free. I am advised 
that my bill is being numbered S. 1612.
  Mr. President, S. 1612 provides that a 10-year minimum mandatory 
sentence shall be imposed upon any criminal possessing a gun during and 
in relation to the commission of a violent or drug trafficking crime. 
This, of course, does not apply to lawful possession of a gun.
  This bill will obviously crack down on gun-toting thugs who commit 
violent felonies and drug trafficking offenses and other felonies. 
Moreover, it will ensure that criminals possessing a firearm while 
committing a violent or drug trafficking felony shall receive a stiff 
punishment.
  This is just common sense, Mr. President; violent felons who possess 
firearms are more dangerous than those who do not.
  Current Federal law provides that a person who, during a Federal 
crime of violence or drug trafficking crime, uses or carries a firearm 
shall be sentenced to 5 years in prison. That law has been used 
effectively by Federal prosecutors across the country to add 5 
additional years to the prison sentences of criminals who use or carry 
firearms.
  However, a recent U.S. Supreme Court decision threatens to undermine 
the efforts of prosecutors to use this statute effectively. The Supreme 
Court's decision, Bailey versus United States, interpreted the law to 
require that a violent felon actively employ a firearm as a 
precondition of receiving an additional 5 year sentence. The Court in 
Bailey held that the firearm must be brandished, fired or otherwise 
actively used before the additional 5 year sentence may be imposed. So 
if a criminal merely possesses a firearm, but does not fire or 
otherwise use it, he gets off without the additional 5 year penalty.
  Mr. President, this Supreme Court decision poses serious problems for 
law enforcement. It weakens the Federal

[[Page S1977]]

criminal law; it is leading to the early release of hundreds of violent 
criminals. Before this Supreme Court's error of judgment, in the Bailey 
versus U.S. decision, armed criminals committing violent or drug 
trafficking felonies were jailed for an additional 5 years, regardless 
of whether they actively employed their weapons. Now, as a result of 
the Court's decision, the prison revolving door is in full swing. Yet 
another roadblock has been erected between a savage criminal act and 
swift, certain punishment.
  Mr. President, now that the word is out, prisoners already are 
preparing and filing motions to get out of jail as fast as they can 
write. U.S. attorneys are receiving petitions from criminals every 
day--for example consider the case of Lancelot Martin, who ran a drug 
trafficking operation out of Raleigh, NC: In 1992, Martin had attempted 
to use the U.S. Postal Service to receive and sell drugs. Martin was 
arrested by a Raleigh crime task force. The authorities obtained a 
warrant, searched his apartment, seized his drugs and recovered a 9 mm. 
semi-automatic pistol that Martin used to protect his drug business.
  Martin was convicted of drug trafficking charges and received a 5 
year sentence for using the gun. But Monday, well before his sentence 
expired, Martin walked free, simply because his gun and a hefty supply 
of drugs were found--but the Court somehow held that the gun was not 
actively employed during his drug trafficking crime.
  So, Mr. President, my bill will ensure that future criminals 
possessing guns, like Lancelot Martin, serve real time when they use a 
gun in furtherance of a violent or drug trafficking crime. There are 
many other examples similar to the episode involving Lancelot Martin.
  As a result of the Court's decision, any thug who hides a gun under 
the back seat of his car, or who stashes a gun with his drugs, may now 
get off with a slap on the wrist. Or if a criminal stores a sub-
machinegun in a crack-house where he runs a drug trafficking operation, 
he can now avoid the additional penalty. The fact is, Mr. President, 
that firearms are the tools of the trade of most drug traffickers. 
Weapons clearly facilitate the criminal transactions and embolden 
violent thugs to commit their crimes.
  I believe that mere possession of a firearm, during the commission of 
a violent felony--even if the weapon is not actively used--should 
nonetheless be punished--because of the heightened risk of violence 
when firearms are present. In its opinion, the Supreme Court observed, 
``Had Congress intended possession alone to trigger liability . . . it 
easily could have so provided.'' That, Mr. President, is precisely the 
intent of this legislation--to make clear that ``possession alone'' 
does indeed ``trigger liability.''
  This legislation will increase the mandatory--repeat, mandatory--
sentences for violent armed felons from 5 to 10 years--and if the 
firearm is discharged, the term of imprisonment is 20 years. This 
legislation also increases to 25 years the mandatory sentences for 
second and subsequent offenses.
   Mr. President, this bill is a necessary and appropriate response to 
the Supreme Court's judicial limitation of the mandatory penalty for 
gun-toting criminals. According to Sentencing Commission statistics, 
more than 9,000 armed violent felons were convicted from April, 1991, 
through October, 1995. In North Carolina alone, this statute was used 
to help imprison over 800 violent criminals. We must strengthen law 
enforcement's ability to use this strong anticrime provision.
  Fighting crime is, and should be, a top concern in America. It has 
been estimated that in the United States one violent crime is committed 
every 16 seconds. And with youth-related violent crime at an all-time 
high, we must fight back with the most severe punishment possible for 
those who terrorize law-abiding citizens.
   Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1612

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

     SECTION 1. INCREASED MANDATORY MINIMUM SENTENCES FOR 
                   CRIMINALS POSSESSING FIREARMS.

       Section 924(c)(1) of title 18, United States Code, is 
     amended to read as follows:
       ``(c)(1)(A) Except to the extent a greater minimum sentence 
     is otherwise provided by any other provision of this 
     subsection or any other law, 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 a 
     person may be prosecuted in a court of the United States, 
     possesses a firearm shall, in addition to the punishment 
     provided for such crime of violence or drug trafficking 
     crime--
       ``(i) be punished by imprisonment for not less than 10 
     years;
       ``(ii) if the firearm is discharged, be punished by 
     imprisonment for not less than 20 years; and
       ``(iii) if the death of a person results, be punished by 
     the death penalty or by imprisonment for not less than life.
       ``(B) If the firearm possessed by a person convicted under 
     this subsection is a machinegun or a destructive device, or 
     is equipped with a firearm silencer or firearm muffler, such 
     person shall be sentenced to imprisonment for not less than 
     30 years.
       ``(C) In the case of a second or subsequent conviction 
     under this subsection, such person shall be sentenced to 
     imprisonment for not less than 25 years, and if the firearm 
     is a machinegun or a destructive device, or is equipped with 
     a firearm silencer or firearm muffler, to life imprisonment 
     without release.
       ``(D) Notwithstanding any other provision of law, the court 
     shall not place on probation or suspend the sentence of any 
     person convicted of a violation of this subsection, nor shall 
     the 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 possessed.''.

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