Page:United States Statutes at Large Volume 100 Part 1.djvu/494

 100 STAT. 458

18 USC 924.

18 USC 922.

PUBLIC LAW 99-308—MAY 19, 1986

"(B) In any other action or proceeding under the provisions of this chapter, the court, when it finds that such action was without foundation, or was initiated vexatiously, frivolously, or in bad faith, shall allow the prevailing party, other than the United States, a reasonable attorney's fee, and the United States shall be liable therefor. "(C) Only those firearms or quantities of ammunition particularly named and individually identified as involved in or used in any violation of the provisions of this chapter or any rule or regulation issued thereunder, or any other criminal law of the United States or as intended to be used in any offense referred to in paragraph (3) of this subsection, where such intent is demonstrated by clear and convincing evidence, shall be subject to seizure, forfeiture, and disposition. "(D) The United States shall be liable for attorneys' fees under this paragraph only to the extent provided in advance by appropriation Acts. "(3) The offenses referred to in paragraphs (1) and (2)(C) of this subsection are— "(A) any crime of violence, as that term is defined in section 924(c)(3) of this title; "(B) any offense punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.); "(C) any offense described in section 922(a)(1), 922(a)(3), 922(a)(5), or 922(b)(3) of this title, where the firearm or ammunition intended to be used in any such offense is involved in a pattern of activities which includes a violation of any offense described in section 922(a)(1), 922(a)(3), 922(a)(5), or 922(b)(3) of this title; "(D) any offense described in section 922(d) of this title where the firearm or ammunition is intended to be used in such offense by the transferor of such firearm or ammunition; "(E) any offense described in section 922(i), 9220"), 922(1), 922(n), or 924(b) of this title; and "(F) any offense which may be prosecuted in a court of the United States which involves the exportation of firearms or ammunition."; and (4) by adding at the end the following new subsection: "(e)(1) In the case of a person who violates section 922(g) of this title and has three previous convictions by any court referred to in section 922(g)(1) of this title for robbery or burglary, or both, such person shall be fined not more than $25,000 and imprisoned not less than fifteen years, and, notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under section 922(g), and such person shall not be eligible for parole with respect to the sentence imposed under this subsection. "(2) As used in this subsection— "(A) the term 'robbery' means any crime punishable by a term of imprisonment exceeding one year and consisting of the taking of the property of another from the person or presence of another by force or violence, or by threatening or placing another person in fear that any person will imminently be subjected to bodily harm; and "(B) the term 'burglary' means any crime punishable by a term of imprisonment exceeding one year and consisting of

�