[Congressional Record Volume 144, Number 141 (Friday, October 9, 1998)]
[House]
[Pages H10329-H10331]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    THROTTLING CRIMINAL USE OF GUNS

  Mr. McCOLLUM. Madam Speaker, I move to suspend the rules and pass the 
Senate bill ( S. 191) to throttle criminal use of guns, as amended.
  The Clerk read as follows:

                                 S. 191

     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 the 
     end of paragraph (1) and inserting the following:
       ``(c)(1)(A) 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 the 
     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;
       ``(ii) if the firearm is brandished, be sentenced to a term 
     of imprisonment of not less than 7 years; and
       ``(iii) if the firearm is discharged, be sentenced to a 
     term of imprisonment of not less than 10 years.
       ``(B) 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; or
       ``(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) In the case of a second or subsequent conviction 
     under this subsection, the person shall--
       ``(i) be sentenced to a term of imprisonment of not less 
     than 25 years; and
       ``(ii) if the firearm involved is a machinegun or a 
     destructive device, or is equipped with a firearm silencer or 
     firearm muffler, be sentenced to imprisonment for life.
       ``(D) 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.''; and
       (2) by adding at the end the following:
       ``(4) For purposes of this subsection, the term `brandish' 
     means, with respect to a firearm, to display all or part of 
     the firearm, or otherwise make the presence of the firearm 
     known to another person, in order to intimidate that person, 
     regardless of whether the firearm is directly visible to that 
     person.''.
       (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;''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. McCollum) and the gentleman from Virginia (Mr. Scott) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Florida (Mr. McCollum).


                             General Leave

  Mr. McCOLLUM. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on the Senate bill, S. 191.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. McCOLLUM. Madam Speaker, I yield myself so much time as I may 
consume.
  Madam Speaker, I am proud today to bring S. 191 before the House. 
With the passage of this legislation, we take an important step in the 
battle against firearm violence in America. Support of this legislation 
today offers Members an opportunity to send a clear message to violent 
predators that the criminal use of guns will not be tolerated.
  The Senate passed S. 191 on November 13, 1997, and the House passed 
its companion legislation, H.R. 424, on February 24 of this year by a 
vote of 350 to 59.
  The version I now bring to the floor represents a compromise between 
the House and the Senate. This legislation will have a significant 
impact on the number of violent criminals behind bars, and I am 
extremely pleased that we are able to come to an agreement before 
adjournment.
  Madam Speaker, criminals who use firearms to commit violent crimes 
and drug trafficking offenses demonstrate the ultimate indifference to 
human life. The risks for law enforcement, and the potential for harm 
to innocent bystanders, are dramatically increased when criminals wield 
guns.
  Criminals who carry guns while committing serious crimes are making a 
clear and unequivocal statement to the world, I will hurt you or kill 
you if you get in my way. Such persons should be punished severely, and 
that is what this legislation will do.
  Consider these frightening facts. According to the National Institute 
of

[[Page H10330]]

Justice, 37 percent of arrestees in 11 major urban areas admitted to 
owning a gun. Even more astonishing, and terrifying for the country, is 
that a shocking 42 percent of admitted drug sellers and 50 percent of 
admitted gang members further confess to using a gun to commit a crime. 
Madam Speaker, these are just the ones who are willing to admit to such 
criminal behavior.
  S. 191 amends section 924(c) of title 18 of the United States Code. 
Currently, that section allows for additional time in prison for any 
person who uses or carries a firearm during and in relation to the 
commission of a Federal crime of violence or drug trafficking crime.
  Section 924(c) is a very significant and frequently used tool for 
Federal prosecutors. According to the U.S. Sentencing Commission, there 
were 10,576 defendants sentenced from 1991 to 1996 under this section.
  This is an opportunity for the Federal authorities to take somebody 
who is a known criminal off the streets and lock them up for a 
considerable period of time by an enhanced penalty provision that all 
of us should be pleased to have on the books.
  But in December of 1995, the Supreme Court significantly limited the 
effective use of this Federal statute by holding in Bailey versus the 
United States that in order to receive the penalty enhancement for use 
of a firearm, the government must demonstrate active employment of the 
firearm. In so stating, the Supreme Court overturned the Justice 
Department's long-standing practice of applying this penalty to 
dangerous criminals whose firearms further or advance their criminal 
activities.
  The impact caused by the Bailey decision was immediate. Federal 
prosecutors have been less able to utilize this section of the code. 
Moreover, drug dealers and other bad actors have been successful in 
having their convictions overturned on the basis of an erroneous jury 
instruction regarding the ``use'' prong of the ``use or carry'' test.
  This legislation clarifies Congress' intent as to the type of 
criminal conduct which should trigger the statute's application. The 
bill strikes the now unworkable ``use or carry'' element of the 
statute, and replaces it with a structure which allows the penalty 
enhancement for possessing, brandishing, or discharging a firearm 
during and in relation to a Federal crime of violence or drug 
trafficking crime.
  It is also important to note that this bill will not affect any 
person who merely possesses a firearm in the general vicinity of a 
crime, nor will it impact someone who uses a gun in self-defense.
  A bill containing nearly identical language to H.R. 424 passed the 
House in the last Congress, and the gentlewoman from North Carolina 
(Mrs. Myrick) introduced the bill that we have taken up before 
previously this year, H.R. 424, during the first days of the 105th 
Congress. I am very grateful for her for her continued dedication to 
ensuring the passage of this legislation.
  Section 924(c) is a critical tool in our fight against gun-toting 
criminals. Yes, this is a tough bill, but I believe it is exactly what 
we need in response to the menacing threat of the vicious gun crimes 
that are committed around the country.

                              {time}  1910

  We need to pass this bill. It is, as I said earlier, a compromise 
with the Senate, it is a good bill, it is a solid bill, it corrects the 
Bailey problem and will allow law enforcement to once again use this 
very effective tool for locking up criminals and throwing away the key 
for a long period of time if they are using a gun, possessing in the 
course of a crime a gun, or certainly brandishing or discharging that 
gun.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SCOTT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I stand in opposition to the bill, S. 191, which is 
similar to a piece of legislation, H.R. 424, passed by this body 
earlier this Congress. That version contained penalties for drug 
offenders which were 6 times greater than the penalty for rape and 7 
times greater than the penalty for voluntary manslaughter. Although the 
Senate version is not as egregious as that, I still cannot in good 
conscience vote for a measure containing ridiculous mandatory minimums.
  I oppose this legislation for several reasons, the most important of 
which is the absolutely outrageous mandatory minimum penalties attached 
to the bill. Five years for possession of a gun, 7 years for 
brandishing a gun, and 10 years for discharging the gun. This means if 
someone is convicted of possessing 5 grams of crack and is found to 
have possessed a gun at the time, he will receive a mandatory 5-year 
sentence for the crack and another 5 years for the gun, a total of 10 
years. If that individual opens a coat to display a gun tucked in under 
his belt during the course of a drug sale, he will receive a mandatory 
7-year sentence in addition to the 5 years for crack, for a total of 12 
years.
  Let us compare these penalties to the penalties for other crimes. For 
instance, voluntary manslaughter carries a penalty of 5 years; 
aggregated assault, less than 2 years; assaulted with intent to murder, 
less than 3\1/2\ years; rape, under 6 years; kidnapping, approximately 
4 years. Does that make sense? Two years for serious assault, 3\1/2\ 
years for assault with intent to murder, 4 years for kidnapping, 6 
years for rape, and 10 years mandatory minimum for possessing a gun in 
connection with a small-time crack sale where no one is injured. This 
type of legislation and these ludicrous penalties demonstrate that we 
have truly run amok when it comes to crime legislation.
  Mr. Speaker, this is why we have a Sentencing Commission. The 
Sentencing Commission can take the politics out of sentencing and put 
some common sense in. So I urge my colleagues to demonstrate some 
common sense and vote against this legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. McCOLLUM. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
North Carolina (Mrs. Myrick), the author of this fine legislation.
  Mrs. MYRICK. Mr. Speaker, I rise in support of S. 191. This is 
Senator Jesse Helms' companion to my H.R. 424, which passed the House 
on February 24 by an overwhelming vote of 350-to-589. As written, the 
Federal Criminal Code imposes a 5-year mandatory sentence when a felon 
uses or carries a firearm during the Commission of a violent crime or a 
drug trafficking offense.
  In the 1995 case of Bailey v. United States, though, the Supreme 
Court interpreted the word ``carry'' in the Federal criminal code to 
mean that a felon must fire or brandish his weapon. This is clearly 
contrary to Congress's intent, and it has resulted in the early release 
of hundreds of dangerous criminals.
  To put a stop to this mess, S. 191 clarifies that a criminal who 
possesses a gun while committing a violent crime or a drug crime will 
face a mandatory sentence. And at the same time, the bill increases the 
mandatory sentence for such crimes.
  Mr. Speaker, I am a strong defender of the second amendment, but no 
American has a right to go out and use a gun to commit a crime.
  Indeed, the National Rifle Association has endorsed S. 191 because 
they recognize the best way to protect our second amendment rights is 
to punish those who use their guns to rape or murder or traffic in 
drugs. The bill also has been endorsed by the Fraternal Order of Police 
and the Southern States Police Benevolent Association.
  The message is clear: Commit a crime while possessing or brandishing 
a firearm, and you will go to prison for a very long time. We cannot 
send that message too strongly or too often.
  Mr. McCOLLUM. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I just want to point out as we close the debate on this 
that the minimum mandatory sentence in this bill for possession will be 
5 years. The minimum mandatory for brandishing the firearm will be 7 
years; the minimum mandatory for discharging the firearm in the 
commission of another crime will be 10 years. Those are enhancements on 
top of my underlying sentence for a crime that is committed with a gun, 
and in the case of a subsequent or second conviction of brandishing or 
discharging, it is 25 years.
  I think it is important to put that on the record, because this is 
the compromise that is different, considerably different from the House 
version and different from the Senate version as well.

[[Page H10331]]

  Mr. Speaker, I urge the adoption of this bill.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mrs. Emerson). The question is on the motion 
offered by the gentleman from Florida (Mr. McCollum) that the House 
suspend the rules and pass the Senate bill, S. 191, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill, as amended, was 
passed.
  A motion to reconsider was laid on the table.

                          ____________________