18-U.S.C.-929
§929 – Use of Restricted Ammunition
Pathway
Title 18 > Part I > Chapter 44 > Section 929
Details
- Reference: Section 929
- Legend: §929 – Use of Restricted Ammunition
- USCode Year: 2013
Provision Content
(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.
(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.)
References in Text
The Controlled Substances Act, referred to in subsec. (a)(2), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, as amended, which is classified principally to subchapter I (§801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.
The Controlled Substances Import and Export Act, referred to in subsec. (a)(2), is title III of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1285, as amended, which is classified principally to subchapter II (§951 et seq.) of chapter 13 of Title 21. For complete classification of this Act to the Code, see Short Title note set out under section 951 of Title 21 and Tables.
Amendments
2006—Subsec. (a)(2). Pub. L. 109–304 substituted chapter 705 of title 46 for the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.).
2002—Subsec. (b). Pub. L. 107–273 struck out at end No person sentenced under this section shall be eligible for parole during the term of imprisonment imposed herein.
1988—Subsec. (a)(1). Pub. L. 100–690, §7060(b), substituted trafficking crime for trafficking crime, in three places.
Subsec. (a)(2). Pub. L. 100–690, §6212, amended par. (2) generally. Prior to amendment, par. (2) read as follows: For purposes of this subsection, the term ‘drug trafficking crime’ means any felony violation of Federal law involving the distribution, manufacture, or importation of any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).
1986—Subsec. (a). Pub. L. 99–408, §8(1), substituted violence (including for violence including, device) for for device for, a firearm and is in possession of armor piercing ammunition capable of being fired in that firearm for any handgun loaded with armor-piercing ammunition as defined in subsection (b), and five years for five nor more than ten years, and struck out provisions relating to suspension of sentence, probation, concurrent sentence and parole eligibility of any person convicted under this subsection.
Pub. L. 99–308 designated existing provision as par. (1), substituted violence or drug trafficking crime, for violence in three places, and added par. (2).
Subsec. (b). Pub. L. 99–408, §8(2), amended subsec. (b) generally, substituting provisions that the court may not suspend sentence of any person convicted of a violation of this section or place the person on probation, that term of imprisonment may not run concurrently with other terms of imprisonment, and that the person is not eligible for parole during term of imprisonment, for provisions defining armor-piercing ammunition and handgun.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–308 effective 180 days after May 19, 1986, see section 110(a) of Pub. L. 99–308, set out as a note under section 921 of this title.
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