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

(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)

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

Pub. L. 98–473, title II, § 1006(a)Oct. 12, 198498 Stat. 2139 Pub. L. 99–308, § 108May 19, 1986100 Stat. 460 Pub. L. 99–408, § 8Aug. 28, 1986100 Stat. 921 Pub. L. 100–690, title VI, § 6212Nov. 18, 1988102 Stat. 4360 Pub. L. 107–273, div. B, title IV, § 4002(c)(4)Nov. 2, 2002116 Stat. 1809 Pub. L. 109–304, § 17(d)(4)Oct. 6, 2006120 Stat. 1707(Added , , ; amended , , ; , , ; , title VII, § 7060(b), , , 4404; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 91–513Oct. 27, 197084 Stat. 1242 section 801 of Title 21The Controlled Substances Act, referred to in subsec. (a)(2), is title II of , , , 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 and Tables.

Pub. L. 91–513Oct. 27, 197084 Stat. 1285 section 951 of Title 21The Controlled Substances Import and Export Act, referred to in subsec. (a)(2), is title III of , , , 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 and Tables.

Amendments

Pub. L. 109–3042006—Subsec. (a)(2). substituted “chapter 705 of title 46” for “the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)”.

Pub. L. 107–2732002—Subsec. (b). struck out at end “No person sentenced under this section shall be eligible for parole during the term of imprisonment imposed herein.”

Pub. L. 100–690, § 7060(b)1988—Subsec. (a)(1). , substituted “trafficking crime” for “trafficking crime,” in three places.

Pub. L. 100–690, § 6212 21 U.S.C. 802Subsec. (a)(2). , 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 ()).”

Pub. L. 99–408, § 8(1)1986—Subsec. (a). , 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).

Pub. L. 99–408, § 8(2)Subsec. (b). , 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”.

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Pub. L. 99–308May 19, 1986section 110(a) of Pub. L. 99–308 section 921 of this titleAmendment by effective 180 days after , see , set out as a note under .