[105th Congress Public Law 386]
[From the U.S. Government Printing Office]
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[DOCID: f:publ386.105]
[[Page 112 STAT. 3469]]
Public Law 105-386
105th Congress
An Act
To throttle criminal use of guns.
Be it enacted by the Senate and House of Representatives
of <<NOTE: Nov. 13, 1998 - [S. 191]>> 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 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
[[Page 112 STAT. 3470]]
``(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;''.
Approved November 13, 1998.
LEGISLATIVE HISTORY--S. 191 (H.R. 424) (S. 43):
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HOUSE REPORTS: No. 105-344 accompanying H.R. 424 (Comm. on Resources).
CONGRESSIONAL RECORD:
Vol. 143 (1997):
Nov. 13, considered and passed
Senate.
Vol. 144 (1998):
Oct. 9, considered and passed House,
amended.
Oct. 15, Senate concurred in House
amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998):
Nov. 13, Presidential remarks.
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