H.R. 2933

The Firearm Recidivist Sentencing Act of 2009

H.R. 2933, the Firearm Recidivist Sentencing Act of 2009, would amend 18 U.S.C. § 924(c) to ensure that individuals who carry a firearm while committing a violent crime or drug trafficking offense face the 25-year mandatory minimum for repeat offenses only if they have been previously convicted and served a sentence for a 924(c) offense. 18 U.S.C. § 924(c) currently includes:

• a five-year mandatory minimum sentence for carrying a firearm
  while committing a violent crime or drug trafficking offense;
• a seven-year mandatory minimum sentence for brandishing the
  firearm during the offense;
• a 10-year mandatory minimum for discharging the firearm during
  the offense; and
• the law includes a 25-year mandatory minimum for repeat
  offenses. 

The repeat offender mandatory minimum is particularly troubling, because it fails to distinguish between first-time offenders and true recidivists. While the law was enacted to punish recidivists, current interpretation of the law require judges to impose the 25-year mandatory minimum for a first time offender convicted of two or more 924(c) counts in the same court proceeding.

Furthermore, because the sentence is required to be served consecutively to the sentence for the underlying offense, the ultimate sentence length is greatly increased, often far beyond what the U.S. Sentencing Guidelines would recommend. The bill would ensure that the penalty captures only true recidivists, by requiring that a previous conviction must be final before the 25-year mandatory minimum may be sought.

The bill also amends Part 1 of Title 18 of the United States Code to require the government to file notice with the court when it intends to invoke the enhanced recidivism penalties in the gun statutes.  Notice will add additional fairness and predictability in these judicial proceedings.  This additional fairness and predictability is especially warranted in light of the 25-year length of the mandatory sentencing enhancement and the fact that it must be served consecutively to the rest of the sentence. 

Section 924(c) of Title 18 is specifically amended by replacing “In the case of a second or subsequent conviction under this subsection” with “If a person is convicted under this subsection after a prior conviction under this subsection has become final.”  This clarifies the statute to ensure that individuals only face enhanced penalties for carrying firearms while committing certain offenses if they were previously convicted and served time. 

The notice requirement would be added by language that ensures “the provisions of section 411 of the Controlled Substances Act (21 U.S.C. § 851), other than subsections (a)(2) and (e) of such section, as in effect on the date of the enactment of this paragraph…apply to sentencing for convictions under this subsection in the same manner in which such provisions apply to sentencing for offenses under part D of title II of such Act.”  This extends the notice requirements for recidivist drug defendants to recidivist gun defendants.