[Congressional Record Volume 143, Number 2 (Thursday, January 9, 1997)]
[Extensions of Remarks]
[Pages E80-E81]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      MANDATORY MINIMUM SENTENCES

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                        HON. BENJAMIN A. GILMAN

                              of new york

                    in the house of representatives

                       Thursday, January 9, 1997

  Mr. GILMAN. Mr. Speaker, I rise today in strong support of this 
legislation which imposes tougher mandatory minimum sentences for those 
individuals who possess firearms while committing a violent or drug-
related crime.
  Under current law, an individual who uses or carries a firearm while 
committing a violent or drug-related crime automatically receives a 
mandatory 5-year sentence in addition to the sentence for the crime in 
question. However, a recent Supreme Court decision stated that the 
criminal must actively employ the weapon in order to trigger the 
mandatory sentence. This decision has hampered an effective tool for 
law enforcement.
  This legislation will allow Federal prosecutors to apply the 
mandatory sentence even if the criminal does not fire or brandish the 
weapon. In addition, the mandatory sentence is now increased from 5 to 
10 years. If the gun is fired, the sentence is 20 years, and the death 
penalty will apply if someone is killed. These mandatory sentences are 
imposed in addition to any for the actual crime.

[[Page E81]]

  Mr. Speaker, I believe this bill will serve to help our law 
enforcement agencies, and I strongly urge my colleagues to join me in 
supporting this legislation.

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