[Congressional Record Volume 144, Number 147 (Thursday, October 15, 1998)]
[Senate]
[Page S12631]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     THROTTLE CRIMINAL USE OF GUNS

  Mr. CRAIG. Mr. President, I ask the Chair lay before the Senate a 
message from the House of Representatives on the bill (S. 191) to 
throttle criminal use of guns.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 191) entitled 
     ``An Act to throttle criminal use of guns'', do pass with the 
     following amendment:
       Strike out all after the enacting clause and insert:

     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;''.

  Mr. CRAIG. I ask unanimous consent the Senate agree to the amendment 
of the House.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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