Details

• Sponsor - Sensenbrenner
• Proposed - December 8, 2005
• Congressional Record Link - HR4472
• Amends - None.
• Amendments - None.
• Vote - March 8, 2006 - Passed the House by voice vote.
• Results - No change in law.

Status

December 8, 2005 - Referred to the House Committee on the Judiciary and the House Ways and Means Committee.

March 8, 2005 - Passed the House by voice vote. Moved to the Senate for consideration.

Synopsis

This bill is quite lengthy and the majority of it has nothing to do with gun control. The gun control portion of the bill is as follows:

Section 803: 

(b) Clarification of Illegal Gun Transfers to Commit Drug Trafficking Crime or Crimes of Violence- Section 924(h) of title 18, United States Code, is amended to read as follows:

`(h) Whoever, in or affecting interstate or foreign commerce, knowingly transfers a firearm, knowing or intending that the firearm will be used to commit, or possessed in furtherance of, a crime of violence or drug trafficking crime (as defined in subsection (c)(2)), shall be fined under this title and imprisoned not more than 20 years.'.

and

SEC. 809. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST RELEASE OF PERSONS CHARGED WITH FIREARMS OFFENSES.

Section 3142 of title 18, United States Code, is amended--

(1) in subsection (e), in the matter following paragraph (3), by inserting `an offense under subsection (g)(1) (where the underlying conviction is a serious drug offense (as defined in section 924(e)(2)(A)) or a crime of violence), (g)(2), (g)(4), (g)(5), (g)(8), or (g)(9) of section 922,' after `that the person committed';

(2) in subsection (f)(1)--

(A) by striking `or' at the end of subparagraph (C); and

(B) by adding at the end the following:

`(E) an offense under section 922(g); or'.

(3) in subsection (g), by amending paragraph (1) to read as follows:

`(1) the nature and circumstances of the offense charged, including whether the offense is a crime of violence, or involves a controlled substance, firearm, explosive, or destructive devise;'.

Analysis

This bill only changes the definition of a criminal act, increases the penalties for conviction and makes it more difficult to be released early when firearms are involved.

It is an alternative to House Bill 3132 and much better in that nothing like House Amendment 540 was incorporated into it.

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