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119-hr-4334119th Congress

Restoring the Armed Career Criminal Act

Sponsored By: Representative Kustoff, David [R-TN-8]

Introduced

Summary

Would impose mandatory 15–30 year prison terms for people with three or more prior serious felony convictions who possess or use a firearm. It would redefine which prior convictions count as 'serious' and apply the enhanced penalties to offenses committed after enactment.

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  • People with 3 or more prior serious felony convictions would face a required prison term of 15 to 30 years for violating 18 U.S.C. 922(g). Courts could not suspend those sentences or grant probation.
  • The bill would define a 'serious felony conviction' as either a conviction for an offense with a statutory maximum of at least 10 years or any group of convictions that together carried at least 10 years of imprisonment, regardless of how many years the defendant actually served.
  • It would replace subsection (e) of 18 U.S.C. 924 with the new mandatory penalty scheme and shift cross references to align 18 U.S.C. 922 with the Armed Career Criminal framework. The changes would apply only to offenses committed after enactment and include a rule that the Act does not create a right to challenge sentences imposed under the new subsection.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 2 costs, 0 mixed.

15 to 30 years for repeat gun felons

If enacted, people who knowingly violate the federal ban on gun possession and have three or more prior serious felony convictions would face 15 to 30 years in prison, plus a fine. Courts would not be allowed to give probation or suspend that sentence. The prior crimes must have happened on different occasions. A serious felony would include any crime with a statutory maximum of at least 10 years, and grouped convictions where a court imposed a total of 10 years or more in the same or consolidated case, even if less time was served. The 10‑year test is based on the statute’s maximum, not guidelines or the time actually imposed. These rules would apply only to crimes committed after enactment, and only if the person already had the three qualifying convictions at the time of the new offense.

Technical sentencing rules and challenge limits

If enacted, the bill would update cross‑references so gun possession cases by prohibited persons are handled under the new special sentencing rule. It would also state this Act does not create a new right to challenge sentences under that rule. These technical changes would take effect when the law is enacted.

Sponsors & CoSponsors

Sponsor

Kustoff, David [R-TN-8]

TN • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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