[Congressional Record Volume 142, Number 141 (Thursday, October 3, 1996)]
[Senate]
[Page S12321]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




THE INCREASED MANDATORY MINIMUM SENTENCES ACT OF 1996
                                                                    ____

                 DEWINE (AND HELMS) AMENDMENT NO. 5433

  Mr. LOTT (for Mr. DeWine for himself and Mr. Helms) proposed an 
amendment to the bill (S. 1612) to provide for increased mandatory 
minimum sentences for criminals possessing firearms, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. FIREARMS OFFENSES.

       (a) In General.--Sections 924(c)(1) and 929(a)(1) of title 
     18, United States code, are each amended by striking ``uses 
     or carries'' and inserting ``possesses''.
       (b) AMendment of Sentencing Guidelines.--
       (1) In general.--Pursuant to its authority under section 
     994 of title 28, United States Code, the United States 
     Sentencing Commission shall review and, if appropriate, amend 
     the Federal Sentencing Guidelines and the policy statements 
     of the Commission to provide an appropriate sentence 
     enhancement with respect to any defendant who discharges a 
     firearm during or in relation to any crime of violence or any 
     drug trafficking crime.
       (2) Consistency.--In carrying out this subsection, the 
     United States Commission shall--
       (A) ensure that there is reasonable consistency with other 
     Federal Sentencing Guidelines;
       (B) avoid duplicative punishment for substantially the same 
     offense; and
       (C) take into account any mitigating circumstances that 
     might justify an exception to any amendment made under 
     paragraph (1).
       (3) Definitions.--For purposes of this subsection, the 
     terms ``crime of violence'' and ``drug trafficking crime'' 
     have the same meanings as in section 924(c) of title 18, 
     United States Code.
       Amend the title so as to read: ``A bill to broaden the 
     scope of certain firearms offenses, and for other 
     purposes.''.

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