A bill to throttle criminal use of guns.
Public Law 105-386 · S. 191 · 105th Congress · began in the Senate
Signed by Bill Clinton (D) on Nov 13, 1998 · Crime and Law Enforcement
Sponsor: Sen. Jesse Helms (R-NC)
Cosponsors (16): Sen. Mike DeWine, Sen. Orrin Hatch,
Passage votes
- HouseVoice vote
- SenateUnanimous consent
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
Amends the Federal criminal code to set: (1) a five-year mandatory minimum sentence for possession of a firearm in furtherance of (currently, for using or carrying a firearm during) the commission of a crime of violence or a drug trafficking crime; (2) a seven-year mandatory minimum sentence if the firearm is brandished; and (3) a ten-year mandatory sentence if the firearm possessed, used, or carried is discharged.
Provides for a mandatory minimum sentence of 25 (currently, 20) years for second or subsequent convictions of such an offense.
Redefines "serious violent felony" to cover possession of such firearms. Defines "brandish" to mean displaying all or part of a firearm, or otherwise making the presence of the firearm known to another person, in order to intimidate, regardless of whether it is directly visible to that person.
Committees
The committees the bill was sent to, and what each did with it.
Judiciary Committee · House · referred toSubcommittee: Crime and Federal Government Surveillance Subcommittee
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 15 actions.
- Nov 13, 1998Became lawBecame law · Became Public Law No: 105-386.
- Became lawBecame law · Signed by President.
- Nov 2, 1998PresidentPresident · Presented to President.
- Oct 15, 1998Resolving differencesResolving differences · Senate agreed to House amendment by Unanimous Consent.
- Oct 9, 1998FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
- FloorFloor · On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
- FloorFloor · Mr. McCollum moved to suspend the rules and pass the bill, as amended.
- Jan 30, 1998CommitteeCommittee · Referred to Crime and Federal Government Surveillance Subcommittee of the House Judiciary Committee
- Jan 27, 1998CommitteeCommittee · Referred to House Judiciary Committee
- Nov 13, 1997FloorFloor · Passed Senate with an amendment by Unanimous Consent.
- Nov 6, 1997CommitteeCommittee · Reported by Senate Judiciary Committee
- CommitteeCommittee · Markup by Senate Judiciary Committee
- May 8, 1997CommitteeCommittee · Hearings by Senate Judiciary Committee
- Jan 22, 1997CommitteeCommittee · Referred to Senate Judiciary Committee
- IntroducedIntroduced · Introduced in the Senate
Data notes
Shows the introduction, each committee and subcommittee step the source dates (referral, hearings, markup, report, discharge), and the floor, conference, presidential and became-law steps. Calendar placements, messages between the chambers, amendments and committee report numbers are not shown for laws before the 108th Congress. Two entries the source lists twice are shown once.
Official record
The bill’s full text and every action, including introduction and committee steps, are on Congress.gov. Data through Oct 7, 2026.