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18 U.S.C. § 929 — Use of restricted ammunition

submitted 42 years ago by Pub. L. 98-473 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 217 words · no verdicts yet

in plain englishAI-generated · not legal advice

Anyone who uses a firearm while committing a violent or drug trafficking crime is punished extra. If they also have armor piercing ammunition for it, they get five more years in prison, at minimum. Courts cannot suspend this sentence, grant probation, or let it run alongside other sentences.

(a) This section applies to someone committing a crime of violence or a drug trafficking crime that could be prosecuted in federal court. If that person uses or carries a firearm during the crime, and also has armor piercing ammunition that fits the firearm, extra punishment applies. The court must add at least five years in prison. This is on top of the punishment for the underlying crime. "Drug trafficking crime" means a felony under the Controlled Substances Act, the Controlled Substances Import and Export Act, or chapter 705 of title 46.

(b) A court cannot suspend the sentence for this crime. A court cannot place the person on probation instead. The prison term for this offense cannot run at the same time as any other sentence. This includes the sentence for the underlying crime of violence or drug trafficking.

facts

- Citation: 18 U.S.C. § 929, titled "Use of restricted ammunition." - Enacted: Added by Pub. L. 98–473, title II, § 1006(a), on October 12, 1984 (98 Stat. 2139). - Length: 217 words, comprising subsections (a)(1), (a)(2), and (b). - Amendments: Amended six times by subsequent public laws, most recently by Pub. L. 109–304 in 2006. - Source Credit: Contains six statutory references documenting its legislative history from 1984 to 2006.
the actual law source: uscode.house.gov ↗public domain
(a)
(1)

Whoever, during and in relation to the commission of a 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 he may be prosecuted in a court of the United States, uses or carries a firearm and is in possession of armor piercing ammunition capable of being fired in that firearm, shall, in addition to the punishment provided for the commission of such crime of violence or drug trafficking crime be sentenced to a term of imprisonment for not less than five years.

(2)

For purposes of this subsection, the term “drug trafficking crime” means any felony punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46.

(b)

Notwithstanding any other provision of law, the court shall not suspend the sentence of any person convicted of a violation of this section, nor place the person on probation, nor shall the terms of imprisonment run concurrently with any other terms of imprisonment, including that imposed for the crime in which the armor piercing ammunition was used or possessed.

Source credit: (Added Pub. L. 98–473, title II, § 1006(a), Oct. 12, 1984, 98 Stat. 2139; amended Pub. L. 99–308, § 108, May 19, 1986, 100 Stat. 460; Pub. L. 99–408, § 8, Aug. 28, 1986, 100 Stat. 921; Pub. L. 100–690, title VI, § 6212, title VII, § 7060(b), Nov. 18, 1988, 102 Stat. 4360, 4404; Pub. L. 107–273, div. B, title IV, § 4002(c)(4), Nov. 2, 2002, 116 Stat. 1809; Pub. L. 109–304, § 17(d)(4), Oct. 6, 2006, 120 Stat. 1707.)

history & why it existsrecord from the source credit
  • 1984Enacted · Pub. L. 98-473 · 98 Stat. 2139
  • 1986Amended · Pub. L. 99-308 · 100 Stat. 460
  • 1986Amended · Pub. L. 99-408 · 100 Stat. 921
  • 1988Amended · Pub. L. 100-690 · 102 Stat. 4360, 4404
  • 2002Amended · Pub. L. 107-273 · 116 Stat. 1809
  • 2006Amended · Pub. L. 109-304 · 120 Stat. 1707
The source credit indicates that this section was added by Public Law 98–473, title II, § 1006(a), enacted October 12, 1984, and published at 98 Stat. 2139. The credit further shows that the section was amended six times in the years following enactment: by Public Law 99–308 (1986), Public Law 99–408 (1986), Public Law 100–690 (1988, in two separate provisions), Public Law 107–273 (2002), and Public Law 109–304 (2006). These amendments reflect a recurring pattern of legislative revision, though the source credit does not itself detail the substance of each change. Public Law 98–473 is the Comprehensive Crime Control Act of 1984, a large omnibus crime bill enacted during a period of heightened federal legislative attention to violent crime and drug trafficking. The Act is generally understood to have addressed a range of concerns, including sentencing reform and firearms-related offenses. Provisions such as this one, targeting the use of armor-piercing ("restricted") ammunition in connection with violent or drug-trafficking crimes, are commonly associated with congressional concern in this era over ammunition capable of penetrating law-enforcement body armor. Beyond this general context, the record does not establish the specific legislative intent behind § 929's enactment or its later amendments. Any more particular account of Congress's reasoning would be speculative and is not supported by the materials provided here.

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