 S 1612 IS
 104th CONGRESS
 2d Session
 To provide for increased mandatory minimum sentences for criminals
 possessing firearms, and for other purposes.
                  IN THE SENATE OF THE UNITED STATES
                            March 13, 1996
 Mr. HELMS (for himself, Mr. DOLE, Mr. HATCH, Mr. THURMOND, Mr.
     FAIRCLOTH, Mr. GRAMM, and Mrs. FEINSTEIN) introduced the
     following bill; which was read twice and referred to the
     Committee on the Judiciary
                                A BILL
 To provide for increased mandatory minimum sentences for criminals
 possessing firearms, and for other purposes.
  [Italic->]   Be it enacted by the Senate and House of
 Representatives of the United States of America in Congress
 assembled, [<-Italic]
 SECTION 1. INCREASED MANDATORY MINIMUM SENTENCES FOR CRIMINALS
                   POSSESSING FIREARMS.
   Section 924(c)(1) of title 18, United States Code, is amended to
 read as follows:
   `(c)(1)(A) Except to the extent a greater minimum sentence is
 otherwise provided by any other provision of this subsection or any
 other law, a person who, during and in relation to any crime of
 violence or drug trafficking crime (including a crime of violence
 or drug trafficking crime which provides for an enhanced punishment
 if committed by the use of a deadly or dangerous weapon or device)
 for which a person may be prosecuted in a court of the United
 States, possesses a firearm shall, in addition to the punishment
 provided for such crime of violence or drug trafficking crime--
       `(i) be punished by imprisonment for not less than 10 years;
       `(ii) if the firearm is discharged, be punished by
     imprisonment for not less than 20 years; and
       `(iii) if the death of a person results, be punished by the
     death penalty or by imprisonment for not less than life.
   `(B) If the firearm possessed by a person convicted under this
 subsection is a machinegun or a destructive device, or is equipped
 with a firearm silencer or firearm muffler, such person shall be
 sentenced to imprisonment for not less than 30 years.
   `(C) In the case of a second or subsequent conviction under this
 subsection, such person shall be sentenced to imprisonment for not
 less than 25 years, and if the firearm is a machinegun or a
 destructive device, or is equipped with a firearm silencer or
 firearm muffler, to life imprisonment without release.
   `(D) Notwithstanding any other provision of law, the court shall
 not place on probation or suspend the sentence of any person
 convicted of a violation of this subsection, nor shall the term of
 imprisonment imposed under this subsection run concurrently with
 any other term of imprisonment including that imposed for the crime
 of violence or drug trafficking crime in which the firearm was
 possessed.'.

