A bill to amend title 18, United States Code, to prohibit the use or possession of a firearm during the commission of certain acts.

Summary

Declares the findings of Congress that firearms used or carried during the commission of certain State crimes affects and constitutes a burden on interstate commerce. Makes it a Federal crime for any person to use or carry a firearm during the commission of a crime of violence. Defines crime of violence as any act or omission, which, under applicable State law is a crime punishable by a term of imprisonment exceeding one year or is one of several specifically enumerated crimes. Requires any person convicted of a crime of violence while using or carrying a firearm to be sentenced to a term of imprisonment for ten years. Requires in the case of a second or subsequent conviction the imposition of a term of imprisonment for 25 years. Stipulates that any term of imprisonment imposed under this Act: (1) shall not be suspended; (2) may not include probation; and (3) may not run concurrently with any sentence imposed by a State for the commission of a crime of violence. Increases the penalty for the use or carrying of a firearm during the commission of a felony that may be prosecuted in the Federal district courts from a term of imprisonment for one year to a term of imprisonment for ten years. Requires in the case of a second or subsequent conviction the imposition of term of imprisonment of 25 years. Stipulated that such sentences: (1) shall not be suspended; (2) shall not run concurrently; and (3) may not include probation.

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1 official file

• Introduced in House

  summary · EN · 2 February 1977

  Open at official source

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