H.R. 4334 — Restoring the Armed Career Criminal Act

This section amends criminal penalties in 18 U.S.C. 924(a)(2) to apply up to 10 years imprisonment for knowing violations of 922(d) (previously up to 5 years under (a)(1)) and, except as provided in subsection (e), 922(g) (previously up to 10 years under (a)(2)); and replaces subsection (e), the Armed Career Criminal Act sentencing enhancement for certain firearm crimes, to impose a mandatory minimum sentence of 15 years to 30 years imprisonment, without suspension or probation, for knowing violations of 922(g)—which prohibits possession of firearms or ammunition by certain persons (e.g., felons, fugitives from justice, unlawful drug users, and others)—by individuals with three or more prior serious felony convictions committed on different occasions. (Thus, 922(g) violations without three such priors remain subject to up to 10 years under (a)(2).) It defines serious felony conviction as (A) a felony punishable by a statutory maximum of at least 10 years imprisonment or (B) convictions in the same or consolidated proceedings for which a total term of at least 10 years imprisonment was imposed.

This section establishes the applicability of the Act's amendments to offenses committed after the date of enactment by individuals who, at the time of the offense, have three or more previous serious felony convictions, as defined in the amended 18 U.S.C. 924(e). (As background, 18 U.S.C. 924(e), the Armed Career Criminal Act, generally imposes a mandatory minimum 15-year prison term on a person prohibited from possessing a firearm or ammunition under 18 U.S.C. 922(g) who has three prior convictions for violent felonies or serious drug offenses.) It further provides that the Act creates no right to challenge any sentence previously imposed under 18 U.S.C. 924(e).