[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.
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