§ 929. — Use of restricted ammunition.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC929]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 44--FIREARMS
Sec. 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) 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 the Maritime Drug Law Enforcement Act (46
U.S.C. App. 1901 et seq.).
(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, Sec. 1006(a), Oct. 12, 1984, 98 Stat.
2139; amended Pub. L. 99-308, Sec. 108, May 19, 1986, 100 Stat. 460;
Pub. L. 99-408, Sec. 8, Aug. 28, 1986, 100 Stat. 921; Pub. L. 100-690,
title VI, Sec. 6212, title VII, Sec. 7060(b), Nov. 18, 1988, 102 Stat.
4360, 4404; Pub. L. 107-273, div. B, title IV, Sec. 4002(c)(4), Nov. 2,
2002, 116 Stat. 1809.)
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 (Sec. 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
(Sec. 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.
The Maritime Drug Law Enforcement Act, referred to in subsec.
(a)(2), is Pub. L. 96-350, Sept. 15, 1980, 94 Stat. 1159, as amended,
which is classified generally to chapter 38 (Sec. 1901 et seq.) of Title
46, Appendix, Shipping. For complete classification of this Act to the
Code, see section 1901 of Title 46, Appendix, and Tables.
Amendments
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, Sec. 7060(b), substituted
``trafficking crime'' for ``trafficking crime,'' in three places.
Subsec. (a)(2). Pub. L. 100-690, Sec. 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, Sec. 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, Sec. 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.
Section Referred to in Other Sections
This section is referred to in sections 924, 1028, 1425, 1426, 1427,
1541, 1542, 1543, 1544, 1546, 1547, 3559 of this title.
