HR4334-119

What This Bill Does

The Restoring the Armed Career Criminal Act changes the sentencing enhancement attached to 18 U.S.C. 922(g), the federal felon-in-possession and prohibited-person firearm statute. A person who knowingly violates section 922(g) and has three or more previous serious felony convictions committed on different occasions must be imprisoned for at least 15 years and not more than 30 years, with no suspended sentence or probation for the 922(g) conviction. The bill defines serious felony conviction to include felony offenses punishable by a statutory maximum of at least 10 years, regardless of guideline or sentencing factors that might produce a shorter sentence, and groups of convictions in the same or consolidated proceedings for which the court imposed a total term of at least 10 years. The amendments apply only to offenses committed after enactment by people who already have three qualifying convictions, and the bill does not create a right to challenge earlier ACCA sentences.

Who Benefits and How

Federal prosecutors benefit because the enhancement would be easier to apply to repeat serious felony offenders charged under section 922(g). Communities affected by repeat armed offenders benefit if longer mandatory sentences incapacitate qualifying offenders. Law enforcement agencies benefit from a restored sentencing tool in firearm cases involving repeat serious felony convictions. Victims of firearm crimes benefit indirectly if repeat prohibited-person firearm offenses draw stronger penalties.

Who Bears the Burden and How

Defendants with three prior serious felony convictions face a 15-to-30-year prison range for future section 922(g) offenses. Federal public defenders must litigate broader serious-felony definitions and sentencing exposure. Federal judges lose probation and sentence-suspension discretion for covered offenders. The Bureau of Prisons bears longer incarceration costs for offenders sentenced under the restored enhancement.

Key Provisions

• Amends 18 U.S.C. 924 to restore a 15-to-30-year enhancement for covered section 922(g) offenders.
• Defines serious felony conviction using a statutory maximum of at least 10 years or consolidated sentences totaling at least 10 years.
• Prohibits suspended or probationary sentences for covered section 922(g) convictions.
• Applies prospectively to offenses committed after enactment and bars new challenges to prior ACCA sentences.