Title 18Crimes and Criminal ProcedureRelease 119-73

§929 Use of restricted ammunition

Title 18 › Part PART I— - CRIMES › Chapter CHAPTER 44— - FIREARMS › § 929

Last updated Apr 6, 2026|Official source

Summary

Anyone who, while committing a violent crime or a qualifying drug felony under federal law, uses or carries a gun and has armor‑piercing bullets that can be fired from that gun must be sentenced to at least five years in prison in addition to the punishment for the crime. For this rule, "drug trafficking crime" means any felony 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. A judge cannot suspend that sentence, cannot put the person on probation, and the extra prison term cannot run at the same time as any other sentence, including the sentence for the underlying crime.

Full Legal Text

Title 18, §929

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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, 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, 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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1986 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

18 U.S.C. § 929

Title 18Crimes and Criminal Procedure

Last Updated

Apr 6, 2026

Release point: 119-73