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Blackburn, Cotton, Kustoff Introduce Bicameral Legislation to Protect Americans from Violent Criminals

July 11, 2025

WASHINGTON, D.C. – Today, U.S. Senators Marsha Blackburn (R-Tenn.) and Tom Cotton (R-Ark.) and U.S. Representative David Kustoff (R-Tenn.) introduced the Restoring the Armed Career Criminal Act, which would reinstate an important tool for prosecutors to seek enhanced penalties against violent, repeat offenders:

“Violent, repeat offenders have no business being back on our streets,” said Senator Blackburn.“We’ve seen the heartbreaking consequences of rewarding repeat offenders with the freedom to victimize more law-abiding Americans. The Restoring the Armed Career Criminal Act would empower prosecutors to keep dangerous felons behind bars and prevent future tragedies.”

"Violent, repeat criminals should be behind bars, not roaming the streets threatening law-abiding citizens,” said Senator Cotton. “The Restoring the Armed Career Criminal Act will give back federal prosecutors the tool they need to lock up hardened, repeat offenders.”

“Career criminals are a danger to our citizens and our communities,” said Representative Kustoff. “The Restoring the Armed Career Criminal Act will reinstate a critical tool that allows prosecutors to seek tougher penalties for violent career criminals. I appreciate Senator Marsha Blackburn and Senator Tom Cotton for their work on this important bill.”

BACKGROUND

  • The Armed Career Criminal Act (ACCA), which became law in 1984, requires a minimum 15-year prison sentence for felons convicted of unlawful possession of a firearm who have three prior state or federal convictions for violent felonies or serious drug offenses, which must have been committed on three different occasions. These are the worst-of-the worst, career criminals. 
  • The ACCA defines serious drug offenses as those punishable by imprisonment for 10 years or more. It defines violent felonies as those:
    • That have an element of threat, attempt, or use of physical force against another person;
    • That involve burglary, arson, or extortion; or
    • That constitute crimes similar to burglary, arson, or extortion under what is known as the ACCA's "residual clause." This is any crime that otherwise involves conduct that presents a serious potential risk of physical injury to another person.
  • In 2015, the Supreme Court in Johnson v. United States declared the residual clause unconstitutionally vague and thus effectively void. 
    • Many criminals were sentenced under the ACCA and their premature release following the Johnson decision resulted in tragic consequences.
    • In 2016, Cornelius Spencer, a gang member with nine felony convictions—including drug trafficking, aggravated assault, and robbery—was released a full five years before his sentence was up. In 2018, he was charged with raping two Arkansans, including a 62-year-old woman and a 21-year-old autistic, homeless man. These crimes would never have occurred if Spencer had not been prematurely released.
  • Federal Bureau of Investigation (FBI) Director Kash Patel has labeled Memphis, Tennessee, as the “homicide capital of America.”
    • Memphis leads the United States in homicides per capita.

o    The Restoring the Armed Career Criminal Act would give federal prosecutors in Memphis the tools they need to keep violent criminals behind bars.

THE RESTORING THE ARMED CAREER CRIMINAL ACT

  • The Restoring the Armed Career Criminal Act would do away with the concepts of “violent felony” and “serious drug offense” and replace them with a single category of “serious felony.” The bill defines “serious felony” as any crime punishable by 10 years or more.
  • By defining “serious felony” solely based on the potential term of imprisonment, the bill would address the vagueness issue and remove any discretion or doubt about which offenses qualify.
  • Importantly, the bill would give federal prosecutors an additional tool to go after the most dangerous, career criminals and would not apply to low-level offenders.

Click here for bill text.

ENDORSEMENTS

The Restoring the Armed Career Criminal Act is endorsed by Tennessee Attorney General Jonathan Skrmetti, Tennessee State Senator Brent Taylor, the Fraternal Order of Police, the National Association of Police Organizations, and the National Narcotic Officers’ Associations’ Coalition:

“I am grateful for Congressman Kustoff and Senator Blackburn’s leadership on this important legislation that ensures serious federal time for dangerous criminals. Career criminals with guns put our communities at risk.  This legislation restores prosecutors' ability to seek appropriate enhanced penalties for dangerous repeat offenders while ensuring the law meets constitutional standards. This common-sense approach will keep violent criminals off our streets,” said Tennessee Attorney General Jonathan Skrmetti.

“Senator Blackburn’s Restoring the Armed Career Criminal Act will empower federal prosecutors to target Memphis’ most dangerous career criminals, delivering a much-needed boost in tackling Memphis’ crime challenge. Her relentless focus on Shelby County’s safety will help us restore law and order. As I work to Make Memphis Matter, Senator Blackburn’s partnership ensures we’ll Make Memphis Safe Again,” said Tennessee State Senator Brent Taylor.

“This bill empowers law enforcement and the justice system to better protect the public—especially at a time when some of our nation’s cities are still struggling to bring down violent crime rates. The Fraternal Order of Police firmly stands behind this effort to bring clarity, consistency, and safety back to our neighborhoods,” said Patrick Yoes, the Fraternal Order of Police National President.

“Congress passed the Armed Career Criminal Act in 1984 to protect our nation’s communities from the most dangerous violent criminals. Unfortunately, this important law was essentially voided by the U.S. Supreme Court in 2015 due to part of the definition of “violent felony” being unconstitutionally vague, taking away an important tool that law enforcement used to get the worst career criminals off our streets. The Restoring the Armed Career Criminal Act will fix and restore the Act, giving law enforcement and prosecutors back a significant resource in the fight against violent crime. We thank Senator Blackburn for her leadership and support,” said Bill Johnson, Executive Director of the National Association of Police Organizations.

“The National Narcotic Officers’ Associations’ Coalition (NNOAC) strongly supports the Restoring the Armed Career Criminal Act, led by Senator Blackburn and Congressman Kustoff, because it gives law enforcement and prosecutors the tools they need to keep communities safe. Violent, repeat offenders continue to drive much of the serious crime in our neighborhoods, and this legislation ensures they can be effectively identified and prosecuted. By clearly defining serious felonies, the bill strengthens our ability to focus federal resources where they’re most needed. We appreciate Senator Blackburn and Congressman Kustoff’s leadership on this important public safety measure,” said Eric Brown, President of the National Narcotic Officers’ Associations’ Coalition.

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