Bill Summary
The "Restoring the Armed Career Criminal Act" is a proposed amendment to Title 18 of the United States Code, which focuses on the sentencing of individuals classified as armed career criminals. The key provisions of the bill include:
1. **Enhanced Sentencing**: The bill amends Section 924 to impose stricter penalties for individuals who knowingly violate Section 922(g) (which pertains to firearm possession by prohibited persons) and have three or more prior serious felony convictions. Offenders would face mandatory imprisonment of 15 to 30 years without the possibility of parole or probation.
2. **Definitions**: The act clarifies terms such as "serious felony conviction," which includes any felony punishable by a maximum of at least 10 years in prison, or a series of convictions leading to a total sentence of 10 years or more.
3. **Applicability**: The amendments would apply to offenses committed after the enactment of the bill by individuals with the specified number of prior serious felony convictions.
4. **Limits on Legal Challenges**: The act specifies that individuals sentenced under the new provisions cannot contest their sentences based on the amendments.
Overall, the legislation aims to strengthen penalties for repeat offenders who possess firearms, reflecting a tough-on-crime stance regarding armed career criminals.
Possible Impacts
The "Restoring the Armed Career Criminal Act" proposed legislation could affect people in several ways:
1. **Increased Sentencing for Repeat Offenders**: The amendment stipulates that individuals convicted of violating section 922(g) (which pertains to possession of firearms by prohibited persons) with three or more previous serious felony convictions will face a mandatory minimum sentence of 15 years and up to 30 years in prison. This could lead to longer incarceration periods for repeat offenders, thereby impacting their families and communities, as they may be separated from loved ones and barred from contributing to society during their lengthy sentences.
2. **Impact on Legal Proceedings**: The legislation explicitly states that courts cannot suspend the sentence or grant probation for individuals convicted under the revised section. This limitation on judicial discretion may lead to more rigid sentencing outcomes, thereby reducing the flexibility that judges previously had to consider mitigating factors. As a result, some individuals who might have benefited from rehabilitation programs or alternatives to incarceration could be sentenced to long prison terms.
3. **Potential Deterrent Effect**: The prospect of harsher penalties for armed career criminals may serve as a deterrent to individuals with previous serious felony convictions who might consider committing further crimes involving firearms. This could lead to a decrease in gun-related offenses among this demographic, potentially contributing to overall public safety. However, it may also raise concerns regarding the effectiveness of deterrence, as some individuals may continue engaging in criminal activities despite the risks of severe penalties.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4334 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 4334
To amend title 18, United States Code, relating to sentencing of armed
career criminals.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 10, 2025
Mr. Kustoff introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, relating to sentencing of armed
career criminals.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring the Armed Career Criminal
Act''.
SEC. 2. AMENDMENTS TO THE ARMED CAREER CRIMINAL ACT.
Section 924 of title 18, United States Code, is amended--
(1) in subsection (a)(2), by striking ``(a)(6), (g), (h),
(i), (j), or (o) of section 922'' and inserting ``(a)(6), (d),
(h), (i), (j), or (o) of section 922, or, except as provided in
subsection (e) of this section, subsection (g) of section
922''; and
(2) by striking subsection (e) and inserting the following:
``(e)(1) Whoever knowingly violates section 922(g) and has 3 or
more previous serious felony convictions for offenses committed on
occasions different from one another shall be fined under this title
and imprisoned not less than 15 years and not more than 30 years, and,
notwithstanding any other provision of law, the court shall not suspend
the sentence of, or grant a probationary sentence to, such person with
respect to the conviction under section 922(g).
``(2) In this subsection--
``(A) the term `offense punishable by imprisonment for a
statutory maximum term of not less than 10 years' includes an
offense (without regard to the application of any sentencing
guideline, statutory criterion, or judgment that may provide
for a shorter period of imprisonment within the statutory
sentencing range) for which the statute provides for a range in
the period of imprisonment that may be imposed at sentencing
the maximum term of which is not less than 10 years; and
``(B) the term `serious felony conviction' means--
``(i) any conviction by a court that, at the time
of sentencing, was a felony offense punishable by
imprisonment for a statutory maximum term of not less
than 10 years; or
``(ii) any group of convictions for which a court
imposed in the same proceeding or in consolidated
proceedings a total term of imprisonment of not less
than 10 years, regardless of how many years of that
total term the defendant served in custody.''.
SEC. 3. APPLICABILITY.
(a) In General.--The amendments made by this Act shall apply to any
offense committed after the date of enactment of this Act by an
individual who, on the date on which the offense is committed, has 3 or
more previous serious felony convictions, as defined in subsection (e)
of section 924 of title 18, United States Code, as amended by this Act.
(b) Rule of Construction.--This Act and the amendments made by this
Act shall not be construed to create any right to challenge a sentence
imposed under subsection (e) of section 924 of title 18, United States
Code.
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