§ 929. Use of restricted ammunition

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1984

   Comprehensive Crime Control Act of 1984

   Pub. L. 98–473 title II § 1006(a) · 98 Stat. 1837

   Enacted · 18 U.S.C. § 929

   Added Pub. L. 98–473, title II, § 1006(a), Oct. 12, 1984, 98 Stat. 2139

   Source evidence

   Code source credit
   Added Pub. L. 98–473, title II, § 1006(a), Oct. 12, 1984, 98 Stat. 2139

   Enacted provision · exact public law section
   (a) Chapter 44 of title 18, United States Code, is amended by adding at the end thereof the following: “§ 929. Use of restricted ammunition “(a) Whoever, during and in relation to the commission of a crime of violence including a crime of violence 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 any handgun loaded with armor-piercing ammunition as defined in subsection (b), shall, in addition to the punishment provided for the commission of such crime of violence be sentenced to a term of imprisonment for not less than five nor more than ten years. Notwithstanding any other provision of law, the court shall not suspend the sentence of any person convicted of a violation of this subsection, nor place him on probation, nor shall the term of imprisonment run concurrently with any other terms of imprisonment including that imposed for the felony in which the armor-piercing handgun ammunition was used or carried. No person sentenced under this subsection shall be eligible for parole during the term of imprisonment imposed herein. “(b) For purposes of this section— “(1) ‘armor-piercing ammunition’ means ammunition which, when or if fired from any handgun used or carrried in violation of subsection (a) under the test procedure of the National Institute of Law Enforcement and Criminal Justice Standard for the Ballistics Resistance of Police Body Armor promulgated December 1978, is determined to be capable of penetrating bullet-resistant apparel or body armor meeting the requirements of Type I1A of Standard NILECJ–STD–0101.01 as formulated by the United States Department of Justice and published in December of 1978; and “(2) ‘handgun’ means any firearm, including a pistol or revolver, originally designed to be fired by the use of a single hand.”.

2. 1986

   Firearms Owners’ Protection Act

   Pub. L. 99–308 § 108 · 100 Stat. 449

   1. Amended · 18 U.S.C. § 929(a)

      Pub. L. 99–308 designated existing provision as par. (1)

   2. Substituted · 18 U.S.C. § 929(a)

      Pub. L. 99–308 substituted “violence or drug trafficking crime,” for “violence” in three places

   3. Added · 18 U.S.C. § 929(a)

      Pub. L. 99–308 added par. (2)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   SEC. 108. AMENDMENTS TO SECTION 929. Section 929(a) of title 18, United States Code, is amended— (1) by inserting “(1)” before “Whoever,”; (2) by striking out “violence” each place it appears and inserting in lieu thereof “violence or drug trafficking crime,”; and (3) by adding at the end the following: “(2) 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)).”.

   Effective date note
   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.

3. 1986

   Pub. L. 99–408 § 8(1) · 100 Stat. 920

   1. Substituted · 18 U.S.C. § 929(a)

      Pub. L. 99–408, § 8(1), substituted “violence (including” for “violence including”

   2. Substituted · 18 U.S.C. § 929(a)

      Pub. L. 99–408, § 8(1), substituted “device) for” for “device for”

   3. Substituted · 18 U.S.C. § 929(a)

      Pub. L. 99–408, § 8(1), substituted “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)”

   4. Substituted · 18 U.S.C. § 929(a)

      Pub. L. 99–408, § 8(1), substituted “five years” for “five nor more than ten years”

   5. Struck · 18 U.S.C. § 929(a)

      Pub. L. 99–408, § 8(1), struck out provisions relating to suspension of sentence, probation, concurrent sentence and parole eligibility of any person convicted under this subsection

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) in subsection (a)— (A) by striking out “violence including” and inserting “violence (including)” in lieu thereof; (B) by striking out “device for” and inserting “device) for” in lieu thereof; (C) by striking out “uses or carries any handgun” and all that follows through “subsection (b)” and inserting in lieu thereof “uses or carries a firearm and is in possession of armor piercing ammunition capable of being fired in that firearm”; (D) by striking out “nor more than ten”; and (E) by striking out the last two sentences; and

4. 1986

   Pub. L. 99–408 § 8(2) · 100 Stat. 920

   1. Amended · 18 U.S.C. § 929(b)

      Pub. L. 99–408, § 8(2), amended subsec. (b) generally

   2. Substituted · 18 U.S.C. § 929(b)

      Pub. L. 99–408, § 8(2), 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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (2) so that subsection (b) reads as follows: “(b) Notwithstanding any other provision of law, the court shall Law enforcement and crime. 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. No person sentenced under this section shall be eligible for parole during the term of imprisonment imposed herein.”.

5. 1988

   Minor and Technical Criminal Law Amendments Act of 1988

   Pub. L. 100–690 § 7060(b) · 102 Stat. 4181

   Substituted · 18 U.S.C. § 929(a)(1)

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

   Source evidence

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

   Enacted provision · exact public law section
   (b) Section 929 Amendment.— Paragraph (1) of section 929(a) of title 18, United States Code, is amended by striking “crime,” each place it appears and inserting “crime”.

6. 1988

   Anti-Drug Abuse Amendments Act of 1988

   Pub. L. 100–690 § 6212 · 102 Stat. 4181

   Amended · 18 U.S.C. § 929(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)).”

   Source evidence

   Code amendment note
   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)).”

   Enacted provision · exact public law section
   SEC. 6212. CLARIFICATION OF DEFINITION OF DRUG TRAFFICKING CRIMES IN WHICH USE OR CARRYING OF FIREARMS AND ARMOR PIERCING AMMUNITION IS PROHIBITED. Paragraph (2) of section 924(c) of title 18, United States Code, and paragraph (2) of section 929(a) of title 18, United States Code, are each amended to read as follows: “(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.).”.

7. 2002

   Criminal Law Technical Amendments Act of 2002

   Pub. L. 107–273 div. B title IV § 4002(c)(4) · 116 Stat. 1758

   Struck · 18 U.S.C. § 929(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (4) Elimination of outmoded reference to parole.— Section 929(b) of title 18, United States Code, is amended by striking the last sentence.

8. 2006

   Pub. L. 109–304 § 17(d)(4) · 120 Stat. 1485

   Substituted · 18 U.S.C. § 929(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.)”

   Source evidence

   Code amendment note
   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.)”.

   Enacted provision · exact public law section
   (4) In section 929(a)(2), strike “the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)” and substitute “chapter 705 of title 46”.

15 of 15 references resolved to an enrolled provision