This section went all the way to the United States Supreme Court in Deal v. United States 113 S.Ct. 1993 (1993), in which Mr. Deal got a bad deal at court of 105 years in prison for possessing a firearm during five bank robberies. The Court explored whether “second or subsequent offense” meant that he would have to be convicted by judgment of the first bank robbery on a date before the second or subsequent convictions. The highest Court found that these offenses could be stacked, even if all convictions happened on one judgment and from one trial. The 105 year sentence was affirmed.
The “stacking” provision comes next in the statute, where it says:
“(D) Notwithstanding any other provision of law— (i) a court shall not place on probation any person convicted of a violation of this subsection; and (ii) no term of imprisonment imposed on a person under this subsection shall run concurrently with any other term of imprisonment imposed on the person, including any term of imprisonment imposed for the crime of violence or drug trafficking crime during which the firearm was used, carried, or possessed.