< Back to H.R. 3382 (104th Congress, 1995–1996)

Text of the Safe Streets Act of 1996

This bill was introduced on May 1, 1996, in a previous session of Congress, but was not enacted. The text of the bill below is as of May 1, 1996 (Introduced).

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HR 3382 IH

104th CONGRESS

2d Session

H. R. 3382

To promote safe streets by preventing the further sale of illegal assault weapons and large capacity ammunition feeding devices, and to provide for mandatory prison terms for possessing, brandishing, or discharging a firearm during the commission of a Federal crime.

IN THE HOUSE OF REPRESENTATIVES

May 1, 1996

Mr. FRISA introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To promote safe streets by preventing the further sale of illegal assault weapons and large capacity ammunition feeding devices, and to provide for mandatory prison terms for possessing, brandishing, or discharging a firearm during the commission of a Federal crime.

    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 ‘Safe Streets Act of 1996’.

SEC. 2. PREVENTION OF TRANSFER OF ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION FEEDING DEVICES.

    (a) ASSAULT WEAPONS- Section 922(v)(2) of title 18, United States Code, is amended by striking ‘or transfer’.

    (b) LARGE CAPACITY AMMUNITION FEEDING DEVICES- Section 922(w)(2) of title 18, United States Code, is amended by striking ‘or transfer’.

    (c) PROHIBITIONS MADE PERMANENT- Section 110105 of the Violent Crime Control and Law Enforcement Act of 1994 (18 U.S.C. 921 note) is repealed.

SEC. 3. MANDATORY PRISON TERMS FOR POSSESSING, BRANDISHING, OR DISCHARGING A FIREARM OR DESTRUCTIVE DEVICE DURING A FEDERAL CRIME THAT IS A CRIME OF VIOLENCE OR A DRUG TRAFFICKING CRIME.

    Section 924(c) of title 18, United States Code, is amended--

      (1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and

      (2) by striking paragraph (1) and inserting the following:

    ‘(1) 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 the person may be prosecuted in a court of the United States--

      ‘(A) possesses a firearm, shall, in addition to the sentence imposed for the crime of violence or drug trafficking crime, be sentenced to imprisonment for 5 years;

      ‘(B) brandishes a firearm, shall, in addition to the sentence imposed for the crime of violence or drug trafficking crime, be sentenced to imprisonment for 10 years; or

      ‘(C) discharges a firearm with the intent to injure another person, shall, in addition to the sentence imposed for the crime of violence or drug trafficking crime, be sentenced to imprisonment for 20 years;

    except that if the firearm is a short-barreled rifle or short-barreled shotgun, or is equipped with a large capacity ammunition feeding device, such additional sentence shall be imprisonment for 10 years more than the term of imprisonment that would otherwise be imposed under this paragraph, and if the firearm is a machinegun or destructive device or is equipped with a firearm silencer or firearm muffler, such additional sentence shall be imprisonment for 30 years.

    ‘(2) In the case of the second or subsequent conviction of a person under this subsection--

      ‘(A) if the person possessed a firearm during and in relation to such second or subsequent crime of violence or drug trafficking crime, the person shall, in addition to the sentence imposed for such second or subsequent offense, be sentenced to imprisonment for not less than 20 years;

      ‘(B) if the person brandished a firearm during and in relation to such second or subsequent crime of violence or drug trafficking crime, the person shall, in addition to the sentence imposed for such second or subsequent offense, be sentenced to imprisonment for not less than 25 years; or

      ‘(C) if the person discharged a firearm with the intent to injure another person during and in relation to such second or subsequent crime of violence or drug trafficking crime, the person shall, in addition to the sentence imposed for such second or subsequent offense, be sentenced to imprisonment for not less than 30 years;

    except that if the firearm is a machinegun or destructive device or is equipped with a firearm silencer or firearm muffler, the person shall, in addition to the sentence imposed for such second or subsequent offense, be sentenced to life imprisonment.

    ‘(3)(A) Notwithstanding any other provision of law, the court shall not impose a probationary sentence on any person convicted of a violation of this subsection, nor shall a 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 used.

    ‘(B) No person sentenced under this subsection shall be released for any reason whatsoever during a term of imprisonment imposed under this subsection.’.