Page:United States Statutes at Large Volume 112 Part 5.djvu/711

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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, \s. i9i] 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