[Congressional Record Volume 145, Number 83 (Monday, June 14, 1999)]
[House]
[Pages H4223-H4224]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                         Offered by: Mr. Forbes

       Amendment No. 1: At the end of the bill, insert the 
     following:

     SEC.   . INCREASE IN ENHANCED PENALTIES FOR POSSESSING, 
                   BRANDISHING, OR DISCHARGING A FIREARM IN A 
                   CRIME OF VIOLENT OR DRUG TRAFFICKING CRIME; NEW 
                   ENHANCED PENALTY IF BODILY INJURY RESULTS.

       Section 924(c)(1) of title 18, United States Code, is 
     amended--
       (1) in subparagraph (A)--
       (A) in clause (i), by striking ``5'' and inserting ``10'';
       (B) in clause (ii)--
       (i) by striking ``7'' and inserting ``20''; and
       (ii) by striking ``and'';
       (C) in clause (iii)--
       (i) by striking ``10'' and inserting ``25''; and
       (ii) by striking the period and inserting ``; and''; and
       (D) by adding at the end the following:
       ``(iv) if bodily injury to another person results, be 
     sentenced to a term of imprisonment of not less than 30 years 
     or to imprisonment for life.'';
       (2) in subparagraph (B)--
       (A) in clause (i), by striking ``10'' and inserting ``15''; 
     and
       (B) in clause (ii), by striking ``30'' and inserting 
     ``35'';
       (3) in subparagraph (C)(i), by striking ``25'' and 
     inserting ``50''; and
       (4) in subparagraph (D)--
       (A) by striking ``and'' at the end of clause (i);
       (B) by striking the period at the end of clause (ii); and
       (C) by adding at the end the following:
       ``(iii) a person sentenced under this subsection shall not 
     be released for any reason whatsoever during a term of 
     imprisonment imposed under this subsection.''.

                               H.R. 1501

                         Offered by: Mr. Forbes

       Amendment No. 2: At the end of the bill, insert the 
     following:

     SEC. __. ENHANCED PENALTIES FOR POSSESSING, BRANDISHING, OR 
                   DISCHARGING A FIREARM, OR USING A FIREARM TO 
                   CAUSE BODILY INJURY IN A FELONY.

       Section 924(c) of title 18, United States Code, is amended 
     to read as follows:
       ``(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 felony (including a felony 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 felony, possesses a 
     firearm, shall, in addition to the punishment provided for 
     the felony--
       ``(i) be sentenced to a term of imprisonment of not less 
     than 10 years;
       ``(ii) if the firearm is brandished, be sentenced to a term 
     of imprisonment of not less than 20 years;
       ``(iii) if the firearm is discharged, be sentenced to a 
     term of imprisonment of not less than 25 years; and
       ``(iv) if bodily injury to another person results, be 
     sentenced to a term of imprisonment of not less than 30 years 
     or to imprisonment for life.
       ``(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 15 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 35 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 50 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) the court shall not impose a probationary sentence on 
     any person convicted of a violation of this subsection, nor 
     shall a term of imprisonment imposed under this subsection 
     run concurrently with any other term of imprisonment imposed 
     on the person, including any term of imprisonment imposed for 
     the felony during or in relation to

[[Page H4224]]

     which the firearm was used, carried, or possessed; and
       ``(ii) a person sentenced under this subsection shall not 
     be released for any reason whatsoever during a term of 
     imprisonment imposed under this subsection.
       ``(2) For purposes of this subsection:
       ``(A) The term `felony' means any crime punishable under 
     Federal or State law by imprisonment for more than 1 year.
       ``(B) 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.''.

                               H.R. 1501

                         Offered by: Mr. Porter

       Amendment No. 3: At the end of the bill, insert the 
     following:

     SEC. __. ESTABLISHMENT OF MINIMUM 72-HOUR HANDGUN PURCHASE 
                   WAITING PERIOD.

       Section 922(t) of title 18, United States Code, is 
     amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A)--
       (i) by striking ``before the completion of the transfer, 
     the licensee'' and inserting ``after the most recent proposal 
     of the transfer by the transferee, the licensee, as 
     expeditiously as is feasible,''; and
       (ii) by inserting ``and the chief law enforcement officer 
     of the place of residence of the transferee'' after ``Act'';
       (B) in subparagraph (B)(ii)--
       (i) by striking ``3'' and inserting ``5''; and
       (ii) by striking ``and'' at the end;
       (C) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (D) by adding at the end the following:
       ``(D) if the firearm is a handgun--
       ``(i) not less than 72 hours have elapsed since the 
     licensee contacted the system;
       ``(ii) the transferee has presented to the transferor a 
     written statement, issued by the chief law enforcement 
     officer of the place of residence of the transferee during 
     the 10-day period ending on the date of the most recent 
     proposal of such transfer by the transferee, stating that the 
     transferee requires access to a handgun because of a threat 
     to the life of the transferee or of a member of the household 
     of the transferee; or
       ``(iii) the law of the State in which the proposed transfer 
     will occur requires, before any licensed importer, licensed 
     manufacturer, or licensed dealer completes the transfer of a 
     handgun to an individual who is not licensed under section 
     923, that an authorized State or local official verify that 
     the information available to the official does not indicate 
     that possession of a handgun by the transferee would be in 
     violation of the law, and the authorized State or local 
     official has provided such verification is accordance wit 
     that law.''; and
       (2) by adding at the end the following:
       ``(7) In this subsection, the term `chief law enforcement 
     officer' means the chief of police, the sheriff, or an 
     equivalent officer of a law enforcement agency, or the 
     designee of any such officer.
       ``(8) A chief law enforcement officer who is contacted 
     under paragraph (1)(A) with respect to the proposed transfer 
     of a firearm shall, not later than 20 business days after the 
     date on which the contact occurs, destroy any statement or 
     other record containing information derived from the contact, 
     unless the chief law enforcement officer determines that the 
     transfer would violate Federal, State, or local law.
       ``(9) The Secretary of the Treasury shall promulgate 
     regulations regarding the manner in which information shall 
     be transmitted by licensees to the national instant criminal 
     background check system under paragraph (1)(A).''.