[Congressional Bills 103th Congress] [From the U.S. Government Publishing Office] [H.R. 1222 Introduced in House (IH)] 103d CONGRESS 1st Session H. R. 1222 To amend title 18, United States Code, to impose stiffer penalties on persons convicted of lesser drug offenses. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES March 4, 1993 Mr. Goodling (for himself, Mr. Shays, Mr. Shuster, Mr. Santorum, Mr. Gallegly, Mr. Fawell, and Mr. Inhofe) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 18, United States Code, to impose stiffer penalties on persons convicted of lesser drug offenses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TEMPORARY PROHIBITION AGAINST POSSESSION OF A FIREARM BY, OR TRANSFER OF A FIREARM TO, PERSONS CONVICTED OF A DRUG CRIME. (a) In General.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(s)(1)(A) Except as provided in paragraph (2), it shall be unlawful for any individual who has been convicted in any court of a drug crime to possess a firearm during the period described in subparagraph (B). ``(B) The period described in this subparagraph is the period that begins with the date the individual committed the drug crime and ends 5 years after the most recent date (occurring after the commission of such crime) on which the individual has committed a drug crime or has violated any Federal or State law relating to firearms. ``(2) Paragraph (1) shall not apply with respect to convictions occurring on or before the date of the enactment of this subsection. ``(t)(1)(A) Except as provided in paragraph (2), it shall be unlawful for any person to transfer a firearm to any individual knowing or having reasonable cause to believe that the individual is under indictment for a drug crime. ``(B)(i) Except as provided in paragraph (2), it shall be unlawful for any person, during the period described in clause (ii), to transfer a firearm to any individual knowing or having reasonable cause to believe that the individual has been convicted in any court of a drug crime. ``(ii) The period described in this clause is the period that begins with the date the individual committed the drug crime and ends 5 years after the most recent date (occurring after the commission of such crime) on which the individual has committed a drug crime or has violated any Federal or State law relating to firearms. ``(2) The second sentence of subsection (d) shall apply in like manner to paragraph (1) of this subsection.''. (b) Penalty.--Section 924(a)(1)(B) of such title is amended by striking ``or (q)'' and inserting ``(r), (s)(1), or (t)(1)''. SEC. 2. ENHANCED PENALTIES FOR POSSESSION OF A FIREARM DURING A DRUG CRIME. Section 924 of title 18, United States Code, is amended by adding at the end the following: ``(i) Whoever, during and in relation to a drug crime (including a drug crime which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which he may be prosecuted in a court of the United States, possesses a firearm, in addition to the punishment provided for such drug crime, may be sentenced to imprisonment for not less than 15 days and not more than 2 years, and shall be fined not less than $2,500 and not more than $10,000, and if the firearm is a machinegun, or is equipped with a firearm silencer or firearm muffler, shall be sentenced to imprisonment for 15 years. In the case of a second or subsequent conviction under this subsection, such person shall be sentenced to imprisonment for not less than 15 days and not more than 2 years, and shall be fined not less than $2,500 and not more than $10,000, and if the firearm is a machinegun, or is equipped with a firearm silencer or firearm muffler, shall be sentenced to imprisonment for 30 years. 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 drug crime in which the firearm was possessed.''. SEC. 3. DEFINITION OF DRUG CRIME. Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(29) The term `drug crime' means any offense (other than a drug trafficking crime) punishable by imprisonment under-- ``(A) any Act specified in section 924(c)(2); or ``(B) any State law involving the possession, distribution, or manufacture of a controlled substance (as defined in section 102 of the Controlled Substances Act).''. <all>