Gun Violence Act of 1991 - Specifies that anyone who steals a firearm from a licensed importer, manufacturer, dealer, or collector, or who steals explosive material from a licensed importer, manufacturer, dealer, or permittee, shall be fined, imprisoned for five to ten years, or both.
Increases the penalties for possession of a firearm during and in relation to a crime of violence or drug trafficking crime.
Provides for mandatory prison terms (without release) for possession of a firearm or destructive device during a crime of violence or a drug trafficking crime under State law.
HR 3043 IH 102d CONGRESS 1st Session H. R. 3043 To amend title 18, United States Code, to prohibit the theft of firearms or explosives from a Federal firearms licensee or from a Federal explosives licensee or permittee, and to provide for additional penalties for the possession of a firearm during the commission of a crime of violence or a drug trafficking crime under Federal or State law. IN THE HOUSE OF REPRESENTATIVES July 25, 1991 Mr. FEIGHAN introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to prohibit the theft of firearms or explosives from a Federal firearms licensee or from a Federal explosives licensee or permittee, and to provide for additional penalties for the possession of a firearm during the commission of a crime of violence or a drug trafficking crime under Federal or State law. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Gun Violence Act of 1991'. SEC. 2. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE. (a) FIREARMS- Section 924 of title 18, United States Code, is amended by adding at the end the following: `(i) Whoever steals any firearm from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector shall be fined in accordance with this title, imprisoned not less than 5 and not more than 10 years, or both.'. (b) EXPLOSIVES- Section 844 of title 18, United States Code, is amended by adding at the end the following: `(k) Whoever steals any explosive material from a licensed importer, licensed manufacturer, licensed dealer, or permittee shall be fined in accordance with this title, imprisoned not less than 5 and not more than 10 years, or both.'. SEC. 3. INCREASED PENALTIES FOR POSSESSION OF A FIREARM IN A CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME. Section 924(c)(1) of title 18, United States Code, is amended to read as follows: `(c)(1)(A) Whoever, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime which provides 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-- `(i) possesses a firearm, shall, in addition to the penalties provided for such crime of violence or drug trafficking crime, be sentenced to imprisonment for not less than 5 and not more than 10 years; `(ii) possesses a firearm that is an assault weapon, a short-barreled rifle, or a short-barreled shotgun, shall, in addition to the penalties provided for such crime of violence or drug trafficking crime, be sentenced to imprisonment for not less than 10 and not more than 15 years; or `(iii) possesses a machinegun, a destructive device, or a firearm equipped with a firearm silencer or firearm muffler, shall be sentenced to imprisonment for 30 years. `(B) In the case of the second or subsequent conviction of a person under this subsection, the person shall be sentenced to-- `(i) imprisonment for 20 years; or `(ii) life imprisonment, if the firearm is an assault weapon, a short-barreled rifle, a short-barreled shotgun, a machinegun, or a destructive device, or is equipped with a firearm silencer or firearm muffler. `(C) Notwithstanding any other law, the court shall not place on probation or suspend the sentence of any person convicted of a violation of this paragraph, nor shall any term of imprisonment imposed under this paragraph 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.'. SEC. 4. MANDATORY PRISON TERMS FOR POSSESSION OF A FIREARM OR DESTRUCTIVE DEVICE DURING A STATE CRIME OF VIOLENCE OR STATE DRUG TRAFFICKING CRIME. Section 924(c) of title 18, United States Code, is amended by adding at the end the following: `(4)(A) Whoever, during and in relation to any crime of violence or drug trafficking crime under State law (including a crime of violence or drug trafficking crime under State law which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device)-- `(i) knowingly possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime, be sentenced to imprisonment for not less than 10 years without release; `(ii) discharges a firearm with intent to injure another person, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime, be sentenced to imprisonment for not less than 20 years without release; or `(iii) knowingly possesses a machinegun, a destructive device, or a firearm equipped with a firearm silencer or firearm muffler, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime, be sentenced to imprisonment for 30 years without release. `(B) In the case of a second conviction of a person under this paragraph, the person shall, in addition to the punishment provided for such crime of violence or drug trafficking crime, be sentenced to-- `(i) imprisonment for not less than 20 years without release, for possession of a firearm; `(ii) imprisonment for not less than 30 years without release, for discharge of a firearm; and `(iii) life imprisonment without release, for possession of a machinegun, a destructive device, or a firearm equipped with a firearm silencer or firearm muffler. `(C) In the case of a third or subsequent conviction of a person under this paragraph, the person shall be sentenced to life imprisonment without release. `(D) Notwithstanding any other law, a court shall not place on probation or suspend the sentence of any person convicted of a violation of this paragraph, nor shall any term of imprisonment imposed under this paragraph 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 used. `(E) For purposes of this paragraph, a person shall be considered to be in possession of a firearm if the person has a firearm readily available at the scene of the crime during the commission of the crime. `(F) For purposes of this paragraph, the term `drug trafficking crime' means-- `(i) any crime that is punishable by imprisonment for more than 1 year, and involves the manufacture, distribution, possession, cultivation, sale, or transfer of a controlled substance, controlled substance analogue, immediate precursor, or listed chemical (as such terms are defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); and `(ii) any attempt or conspiracy to commit such a crime. `(G) For purposes of this paragraph, the term `crime of violence' means an offense that is punishable by imprisonment for more than 1 year and-- `(i) has as an element the use, attempted use, or threatened use of physical force against the person or property of another; or `(ii) that by its nature, involves substantial risk that physical force against the person or property of another may be used in the course of committing the offense.'.
Introduced in House
Introduced in House
Referred to the House Committee on Judiciary.
Referred to the Subcommittee on Crime and Criminal Justice.
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