Page:United States Statutes at Large Volume 108 Part 3.djvu/263

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAW 103-322—SEPT. 13, 1994 108 STAT. 2015 "(8) who is subject to a court order that— "(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; "(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and "(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or "(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury,". (d) STORAGE OF FIREARMS.— Section 926(a) of title 18, United States Code, is amended— (1) by striking "and" at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting "; and"; and (3) by inserting after paragraph (2) the following: "(3) regulations providing for effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection (d)(8) or (g)(8) of section 922.". (e) RETURN OF FIREARMS.— Section 924(d)(1) of title 18, United States Code, is amended by striking "the seized" and inserting "or lapse of or court termination of the restraining order to which he is subject, the seized or relinquished". Subtitle E—Gun Crime Penalties SEC. 110501. ENHANCED PENALTY FOR USE OF A SEMIAUTOMATIC 28 USC 994 note. FIREARM DURING A CRIME OF VIOLENCE OR A DRUG TRAFFICKING CRIME. (a) AMENDMENT TO SENTENCING GUIDELINES. —Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend its sentencing guidelines to provide an appropriate enhancement of the punishment for a crime of violence (as defined in section 924(c)(3) of title 18, United States Code) or a drug trafficking crime (as defined in section 924(c)(2) of title 18, United States Code) if a semiautomatic firearm is involved. (b) SEMIAUTOMATIC FIREARM.— In subsection (a), "semiautomatic firearm" means any repeating firearm that utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round and that requires a separate pull of the trigger to fire each cartridge. SEC. 110502. ENHANCED PENALTY FOR SECOND OFFENSE OF USING 28 USC 994 note. AN EXPLOSIVE TO COMMIT A FELONY. Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall promulgate amendments to the sentencing guidelines to appropriately enhance penalties in a case in which a defendant convicted