[Congressional Record Volume 143, Number 160 (Thursday, November 13, 1997)]
[Senate]
[Pages S12711-S12712]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          THE GUN ACT OF 1997

  Mr. NICKLES. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of calendar No. 266, Senate bill 191.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 191) to throttle criminal use of guns.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on the Judiciary, with an 
amendment

[[Page S12712]]

to strike all after the enacting clause and inserting in lieu thereof 
the following:

                                 S. 191

       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 
     ``(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 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; and
       ``(ii) if the firearm is discharged, be sentenced to a term 
     of imprisonment of not less than 10 years.
       ``(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 sentenced 
     to a term of imprisonment of not less than 10 years; and
       ``(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) 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 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.
       (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;''.

  Mr. NICKLES. Mr. President, I ask unanimous consent that the 
committee substitute be agreed to, the bill be considered a third time 
and passed, the motion to reconsider be laid upon the table, and that 
any statements relating to the bill appear at this point in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment was agreed to.
  The bill, S. 191, as amended, was considered read for a third time, 
and passed.

                                 S. 191

       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 
     ``(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 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; and
       ``(ii) if the firearm is discharged, be sentenced to a term 
     of imprisonment of not less than 10 years.
       ``(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 sentenced 
     to a term of imprisonment of not less than 10 years; and
       ``(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) 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 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.
       (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;''.

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