Violent Crime Control and Law Enforcement Act
Encyclopedia
The Violent Crime Control and Law Enforcement Act, , , was an act of Congress
dealing with crime
and law enforcement that became law in 1994. It is the largest crime bill in the history of the US at 356 pages and will provide for 100,000 new police officers, $9.7 billion in funding for prisons and $6.1 billion in funding for prevention programs which were designed with significant input from experienced police officers. Sponsored by U.S. Representative
Jack Brooks
of Texas
, the bill was originally written by Senator Joe Biden of Delaware, passed by Congress
and signed into law by President
Bill Clinton
.
Following the 101 California Street shootings
, the 1993 Waco Siege
, and other high-profile instances of violent crime
, the act expanded federal law
in several ways. One of the most noted sections was the Federal Assault Weapons Ban
. Other parts of the act provided for a greatly expanded federal death penalty
, new classes of individuals banned from possessing firearms, and a variety of new crimes defined in statute
s relating to immigration law
, hate crime
s, sex crimes
, and gang
-related crime.
s, classified as "assault weapons" (a non-technical term), as well as any semi-automatic rifle
, pistol
, or shotgun
that is capable of accepting a detachable magazine, and which has two or more of the following features: A telescoping
or folding stock, a pistol grip
, a flash suppressor
, a grenade launcher
, and a bayonet lug
.
This law also banned possession of newly-manufactured magazines holding more than ten rounds
of ammunition
.
This section took effect September 13, 1994, and expired because of a vote in congress and now it is, once again, legal to own or possess a military-style semi-automatic rifle and magazines capable of holding more than ten rounds of ammunition. This expiration occurred on September 13, 2004 through a sunset provision
.
The National Rifle Association
and other organizations argued that the ban was unconstitutional
and violated the Second Amendment
. See firearm case law.
, murder
of a federal law enforcement officer, drug trafficking
, civil rights
-related murders, drive-by shooting
s resulting in death, the use of weapons of mass destruction
resulting in death, and carjacking
s resulting in death.
The 1995 Oklahoma City bombing
occurred a few months after this law came into effect, and the Antiterrorism and Effective Death Penalty Act of 1996
was passed in response, further increasing the federal death penalty. In 2001, Timothy McVeigh
was executed for the murder of eight federal law enforcement agents under this title.
permitting prison inmates to receive a Pell Grant
for postsecondary education
while incarcerated. The amendment is as follows:
Because of this, the VCCLEA effectively eliminated the ability of lower income prison inmates to receive college educations during their term of imprisonment, thus ensuring the education level of inmates remains unimproved over the period of their incarceration.http://www.bard.edu/bpi/pdfs/crime_report.pdf
1.6 billion to help prevent and investigate violence against women
. VAWA was renewed in 2000 and in 2005. This includes:
Part of VAWA was ruled unconstitutional by the Supreme Court
in United States v. Morrison
(2000).
, and allocated a substantial amount of money to build new prisons.
In addition, there were 50 new federal offenses
, including provisions making membership in gangs a crime. Some argued that these provisions violated the guarantee of freedom of association
in the Bill of Rights
. The act also generally prohibits individuals who have been convicted of a felony involving breach of trust from working in the business of insurance, unless they have received written consent from state regulators.
The act also made drug testing mandatory for those serving on federal supervised release.
Act of Congress
An Act of Congress is a statute enacted by government with a legislature named "Congress," such as the United States Congress or the Congress of the Philippines....
dealing with crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
and law enforcement that became law in 1994. It is the largest crime bill in the history of the US at 356 pages and will provide for 100,000 new police officers, $9.7 billion in funding for prisons and $6.1 billion in funding for prevention programs which were designed with significant input from experienced police officers. Sponsored by U.S. Representative
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
Jack Brooks
Jack Brooks (politician)
Jack Bascom Brooks is a retired Democratic politician from the U.S. state of Texas, who served for more than 40 years in the U.S. House of Representatives. He was defeated for reelection in the 1994 election...
of Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, the bill was originally written by Senator Joe Biden of Delaware, passed by Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
and signed into law by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
.
Following the 101 California Street shootings
101 California Street shootings
101 California Street Shootings is the name given to a mass shooting that took place July 1, 1993 in San Francisco, California, claiming the lives of nine people including the shooter. The killings sparked a number of legal and legislative actions that were precursors to the Violent Crime Control...
, the 1993 Waco Siege
Waco Siege
The Waco siege began on February 28, 1993, and ended violently 50 days later on April 19. The siege began when the United States Bureau of Alcohol, Tobacco and Firearms attempted to execute a search warrant at the Branch Davidian ranch at Mount Carmel, a property located east-northeast of Waco,...
, and other high-profile instances of violent crime
Violent crime
A violent crime or crime of violence is a crime in which the offender uses or threatens to use violent force upon the victim. This entails both crimes in which the violent act is the objective, such as murder, as well as crimes in which violence is the means to an end, such as robbery. Violent...
, the act expanded federal law
Federal law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation, surrendering their individual sovereignty and many powers to the central government while...
in several ways. One of the most noted sections was the Federal Assault Weapons Ban
Federal assault weapons ban
The Federal Assault Weapons Ban was a subtitle of the Violent Crime Control and Law Enforcement Act of 1994, a federal law in the United States that included a prohibition on the manufacture for civilian use of certain semi-automatic firearms, so called "assault weapons"...
. Other parts of the act provided for a greatly expanded federal death penalty
Capital punishment in the United States
Capital punishment in the United States, in practice, applies only for aggravated murder and more rarely for felony murder. Capital punishment was a penalty at common law, for many felonies, and was enforced in all of the American colonies prior to the Declaration of Independence...
, new classes of individuals banned from possessing firearms, and a variety of new crimes defined in statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
s relating to immigration law
United States nationality law
Article I, section 8, clause 4 of the United States Constitution expressly gives the United States Congress the power to establish a uniform rule of naturalization. The Immigration and Naturalization Act sets forth the legal requirements for the acquisition of, and divestiture from, citizenship of...
, hate crime
Hate crime
In crime and law, hate crimes occur when a perpetrator targets a victim because of his or her perceived membership in a certain social group, usually defined by racial group, religion, sexual orientation, disability, class, ethnicity, nationality, age, gender, gender identity, social status or...
s, sex crimes
Sex and the law
In general, laws proscribe acts which are considered either sexual abuse, or behavior that societies consider to be inappropriate and against the social norms. In addition, certain categories of activity may be considered crimes even if freely consented to...
, and gang
Gang
A gang is a group of people who, through the organization, formation, and establishment of an assemblage, share a common identity. In current usage it typically denotes a criminal organization or else a criminal affiliation. In early usage, the word gang referred to a group of workmen...
-related crime.
Federal Assault Weapons Ban
Title XI, subtitle A, formally known as the Public Safety and Recreational Firearms Use Protection Act, but commonly known as the Federal Assault Weapons Ban or Semiautomatic Assault Weapons Ban, barred the manufacture of 19 specific semi-automatic firearmSemi-automatic firearm
A semi-automatic, or self-loading firearm is a weapon which performs all steps necessary to prepare the weapon to fire again after firing—assuming cartridges remain in the weapon's feed device or magazine...
s, classified as "assault weapons" (a non-technical term), as well as any semi-automatic rifle
Semi-automatic rifle
A semi-automatic rifle is a type of rifle that fires a single bullet each time the trigger is pulled, automatically ejects the spent cartridge, chambers a fresh cartridge from its magazine, and is immediately ready to fire another shot...
, pistol
Pistol
When distinguished as a subset of handguns, a pistol is a handgun with a chamber that is integral with the barrel, as opposed to a revolver, wherein the chamber is separate from the barrel as a revolving cylinder. Typically, pistols have an effective range of about 100 feet.-History:The pistol...
, or shotgun
Shotgun
A shotgun is a firearm that is usually designed to be fired from the shoulder, which uses the energy of a fixed shell to fire a number of small spherical pellets called shot, or a solid projectile called a slug...
that is capable of accepting a detachable magazine, and which has two or more of the following features: A telescoping
Telescoping stock
A telescoping stock is a stock on a firearm that telescopes or folds in on itself in order to become more compact. Telescoping stocks are useful for storing a rifle or weapon in a space that it would not normally fit in. The user can either fold in the stock to make the weapon easier to handle, or...
or folding stock, a pistol grip
Pistol grip
On a firearm or other tool, the pistol grip is that portion of the mechanism that is held by the hand and orients the hand in a forward, vertical orientation, similar to the position one would take with a conventional pistol such as the M1911....
, a flash suppressor
Flash suppressor
A flash suppressor, also known as a flash guard, flash eliminator, flash hider, or flash cone, is a device attached to the muzzle of a rifle or other gun that reduces the visible signature of the burning gases that exit the muzzle. This reduces the chances that the shooter will be blinded in dark...
, a grenade launcher
Grenade launcher
A grenade launcher or grenade discharger is a weapon that launches a grenade with more accuracy, higher velocity, and to greater distances than a soldier could throw it by hand....
, and a bayonet lug
Bayonet lug
A bayonet lug is a standard feature on most military muskets, rifles, and shotguns, and on some civilian longarms. It is intended for attaching a bayonet, which is typically a long spike or thrusting knife...
.
This law also banned possession of newly-manufactured magazines holding more than ten rounds
Cartridge (firearms)
A cartridge, also called a round, packages the bullet, gunpowder and primer into a single metallic case precisely made to fit the firing chamber of a firearm. The primer is a small charge of impact-sensitive chemical that may be located at the center of the case head or at its rim . Electrically...
of ammunition
Ammunition
Ammunition is a generic term derived from the French language la munition which embraced all material used for war , but which in time came to refer specifically to gunpowder and artillery. The collective term for all types of ammunition is munitions...
.
This section took effect September 13, 1994, and expired because of a vote in congress and now it is, once again, legal to own or possess a military-style semi-automatic rifle and magazines capable of holding more than ten rounds of ammunition. This expiration occurred on September 13, 2004 through a sunset provision
Sunset provision
In public policy, a sunset provision or clause is a measure within a statute, regulation or other law that provides that the law shall cease to have effect after a specific date, unless further legislative action is taken to extend the law...
.
The National Rifle Association
National Rifle Association
The National Rifle Association of America is an American non-profit 501 civil rights organization which advocates for the protection of the Second Amendment of the United States Bill of Rights and the promotion of firearm ownership rights as well as marksmanship, firearm safety, and the protection...
and other organizations argued that the ban was unconstitutional
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
and violated the Second Amendment
Second Amendment to the United States Constitution
The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights.In 2008 and 2010, the Supreme Court issued two Second...
. See firearm case law.
Federal Death Penalty Act
Title VI, the Federal Death Penalty Act, created about 60 new death penalty offenses, for crimes related to acts of terrorismTerrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
, murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
of a federal law enforcement officer, drug trafficking
Illegal drug trade
The illegal drug trade is a global black market, dedicated to cultivation, manufacture, distribution and sale of those substances which are subject to drug prohibition laws. Most jurisdictions prohibit trade, except under license, of many types of drugs by drug prohibition laws.A UN report said the...
, civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
-related murders, drive-by shooting
Drive-by shooting
A drive-by shooting is a form of hit-and-run tactic, a personal attack carried out by an individual or individuals from a moving or momentarily stopped vehicle without use of headlights to avoid being noticed. It often results in bystanders being shot instead of, or as well as, the intended target...
s resulting in death, the use of weapons of mass destruction
Weapons of mass destruction
A weapon of mass destruction is a weapon that can kill and bring significant harm to a large number of humans and/or cause great damage to man-made structures , natural structures , or the biosphere in general...
resulting in death, and carjacking
Carjacking
Carjacking is a form of hijacking, where the crime is of stealing a motor vehicle and so also armed assault when the vehicle is occupied. Historically, such as in the rash of semi-trailer truck hijackings during the 1960s, the general term hijacking was used for that type of vehicle abduction,...
s resulting in death.
The 1995 Oklahoma City bombing
Oklahoma City bombing
The Oklahoma City bombing was a terrorist bomb attack on the Alfred P. Murrah Federal Building in downtown Oklahoma City on April 19, 1995. It was the most destructive act of terrorism on American soil until the September 11, 2001 attacks. The Oklahoma blast claimed 168 lives, including 19...
occurred a few months after this law came into effect, and the Antiterrorism and Effective Death Penalty Act of 1996
Antiterrorism and Effective Death Penalty Act of 1996
The Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214, is an act of Congress signed into law on April 24, 1996...
was passed in response, further increasing the federal death penalty. In 2001, Timothy McVeigh
Timothy McVeigh
Timothy James McVeigh was a United States Army veteran and security guard who detonated a truck bomb in front of the Alfred P. Murrah Building in Oklahoma City on April 19, 1995...
was executed for the murder of eight federal law enforcement agents under this title.
Elimination of inmate education
One of the more controversial provisions of the Violent Crime Control and Law Enforcement Act overturned a section of the Higher Education Act of 1965Higher Education Act of 1965
The Higher Education Act of 1965 was legislation signed into United States law on November 8, 1965, as part of President Lyndon Johnson's Great Society domestic agenda. Johnson chose Texas State University–San Marcos as the signing site...
permitting prison inmates to receive a Pell Grant
Pell Grant
A Pell Grant is money the federal government provides for students who need it to pay for college. Federal Pell Grants are limited to students with financial need, who have not earned their first bachelor's degree or who are not enrolled in certain post-baccalaureate programs, through participating...
for postsecondary education
Higher education
Higher, post-secondary, tertiary, or third level education refers to the stage of learning that occurs at universities, academies, colleges, seminaries, and institutes of technology...
while incarcerated. The amendment is as follows:
Because of this, the VCCLEA effectively eliminated the ability of lower income prison inmates to receive college educations during their term of imprisonment, thus ensuring the education level of inmates remains unimproved over the period of their incarceration.http://www.bard.edu/bpi/pdfs/crime_report.pdf
Violence Against Women Act
Title IV, the Violence Against Women Act (VAWA), allocated $United States dollar
The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
1.6 billion to help prevent and investigate violence against women
Violence against women
Violence against women is a technical term used to collectively refer to violent acts that are primarily or exclusively committed against women...
. VAWA was renewed in 2000 and in 2005. This includes:
- The Safe Streets for Women Act, which increased federal penalties for repeat sex offenders and requires mandatory restitutionRestitutionThe law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response to events in the real world. When a court...
for the medical and legal costs of sex crimes. - The Safe Homes for Women Act increased federal grantFederal grantIn the United States, federal grants are economic aid issued by the United States government out of the general federal revenue. A federal grant is an award of financial assistance from a federal agency to a recipient to carry out a public purpose of support or stimulation authorized by a law of...
s for battered women's shelters, creates a National Domestic Violence HotlineNational Domestic Violence HotlineThe National Domestic Violence Hotline is a 24-hour, confidential, toll-free hotline created through the Family Violence Prevention and Services Act. Hotline staff immediately connect the caller to a service provider in his or her area...
, and orders that the restraining orderRestraining orderA restraining order or order of protection is a form of legal injunction that requires a party to do, or to refrain from doing, certain acts. A party that refuses to comply with an order faces criminal or civil penalties and may have to pay damages or accept sanctions...
s of one state must be enforced by the other states. It also added a rape shield lawRape shield lawA rape shield law is a law that limits a defendant's ability to cross-examine rape complainants about their past sexual behaviour. The term also refers to a law that prohibits the publication of the identity of an alleged rape victim.-In Canada:...
to the Federal Rules of EvidenceFederal Rules of EvidenceThe is a code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal. The Rules were enacted in 1975, with subsequent amendments....
Part of VAWA was ruled unconstitutional by the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
in United States v. Morrison
United States v. Morrison
United States v. Morrison, is a United States Supreme Court decision which held that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded congressional power under the Commerce Clause and under section 5 of the Fourteenth Amendment to the Constitution.-...
(2000).
Other provisions
Another provision of the act was to authorize the hiring of 100,000 more police officers, initiate "boot camps" for delinquent minorsJuvenile delinquency
Juvenile delinquency is participation in illegal behavior by minors who fall under a statutory age limit. Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers. There are a multitude of different theories on the causes of crime, most if not...
, and allocated a substantial amount of money to build new prisons.
In addition, there were 50 new federal offenses
Federal crime
In the United States, a federal crime or federal offense is a crime that is made illegal by U.S. federal legislation. In the United States, criminal law and prosecution happen at both the federal and the state levels; thus a “federal crime” is one that is prosecuted under federal criminal law, and...
, including provisions making membership in gangs a crime. Some argued that these provisions violated the guarantee of freedom of association
Freedom of association
Freedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests....
in the Bill of Rights
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
. The act also generally prohibits individuals who have been convicted of a felony involving breach of trust from working in the business of insurance, unless they have received written consent from state regulators.
The act also made drug testing mandatory for those serving on federal supervised release.