PUBLIC LAW 105-386 —NOV. 13, 1998
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 Nov. 13, 1998
the United States of America in Congress assembled,
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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
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