18 U.S.C. § 924(c)
Elements
Qualifying federal predicate offense
for which the person may be prosecuted in a court of the United States
Government must establish commission of a qualifying crime; legal qualification is distinct from proving the crime facts. The alternatives are the drug-felony definition in (c)(2) and the surviving elements clause in (c)(3)(A). The invalid residual clause is not an alternative.
Firearm object
uses or carries a firearm
Active employment of a firearm
uses or carries a firearm
Bailey predates the 1998 possession amendment. Its active-employment rule still defines use; it does not immunize possession in furtherance. Watson decides use only and expressly leaves the possession theory open.
Knowingly possess and convey the firearm
uses or carries a firearm
During and in relation to the predicate
during and in relation to any crime of violence or drug trafficking crime
Both temporal coincidence and a facilitating relationship are required for use/carry. Smith explains at least facilitation or potential facilitation; coincidence alone is insufficient. Apply the corresponding nexus to ammunition under (c)(5).
Knowing actual or constructive possession
or who, in furtherance of any such crime, possesses a firearm
Possession can be actual or constructive under applicable circuit law; a defendant must knowingly exercise the requisite control, rather than merely happen to be near a gun. The furtherance element is additional, not a substitute for possession.
Possession advances the specific predicate
in furtherance of any such crime, possesses a firearm
(formerly `variant evidence/context`) Fifth Circuit nonexclusive factors: activity type, accessibility, weapon type, stolen status, legality of possession, loaded condition, proximity to drugs/profits, time and circumstances. These are evidentiary considerations, not mandatory independent elements. Ceballos-Torres affirmed on the combination of accessible loaded weapon, illegal possession, drugs and money. Neither mere presence nor a general assertion that drug dealers use guns suffices.
Section 2 aiding and abetting route
uses or carries a firearm
Rosemond requires intent to facilitate the entire armed crime. Advance knowledge means time to choose to withdraw; knowledge first acquired when withdrawal is unrealistic does not automatically suffice. This is not a general rule that association with an armed offender establishes liability.
Sentencing consequences after offense proof
shall, in addition to the punishment provided for such crime of violence or drug trafficking crime-
These nodes describe consequences; none is a universal extra conjunct in the base claims. The greater-minimum proviso and offense date matter. Mandatory-minimum aggravating facts and weapon type have their own allocation-of-proof doctrine; this catalogue does not replace a sentencing/jury-instruction analysis.
Armor-piercing ammunition object
uses or carries armor piercing ammunition
Use or carry the armor-piercing ammunition
uses or carries armor piercing ammunition
Possess the armor-piercing ammunition
or who, in furtherance of any such crime, possesses armor piercing ammunition
Greater minimum for the same firearm conduct displaces the lower minimum
Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law
Abbott, 562 U.S. 8 (2010), construes the (c)(1)(A) proviso. The second text anchor preserves the separate (c)(5) proviso; no independent holding on that ammunition branch is attributed to Abbott.
Cases
- United States v. Ocampo 890 F.2d 1363 (1989)
criminal; jury convictions of two defendants (drug conspiracy, possession with intent, and a 924(c)(1) use/carry count); direct appeal challenging suppression, sufficiency of the evidence on the firearm count, and the 841(b) sentence; pre-Bailey (1984 version of the statute, use/carry only) (result: claimant-won)
- United States v. Holland 116 F.3d 1353 (1997)
criminal, collateral review; jury conviction for using and carrying a firearm (affirmed on direct appeal in 1993); 28 U.S.C. 2255 motion claiming the conviction is invalid after Bailey; district court denied relief; defendant appeals; question is cause and actual prejudice from an erroneous "use" instruction where "carry" was also charged and correctly instructed (result: claimant-won)
- United States v. Ceballos-Torres 218 F.3d 409 (2000)
criminal appeal after bench trial (tried on the suppression-hearing evidence); sole issue is sufficiency of the evidence that the firearm was possessed "in furtherance"; conviction affirmed (result: claimant-won)
- United States v. Phipps 319 F.3d 177 (2003)
criminal; jury convictions of two defendants for kidnaping conspiracy, kidnaping, carjacking and two 924(c)(1) counts (count 3 tied to the kidnaping, count 5 to the carjacking; 84 and 300 months consecutive); direct appeal; the 924(c) issue is multiplicity: whether one use of one gun supports two 924(c)(1) convictions because it served two predicate offenses (result: mixed)
- United States v. Alverio-Meléndez 640 F.3d 412 (2011)
criminal; jury convictions of two defendants for cocaine conspiracy and for aiding and abetting possession of a firearm in furtherance of a drug trafficking crime; direct appeal on sufficiency of the evidence (both, firearm count), unpreserved jury-instruction error on the firearm count (plain error), and a Brady claim (result: claimant-won)
- United States v. JT Myore 142 F.4th 606 (2025)
consolidated criminal appeals after two jury trials; sufficiency of the evidence for the carjacking and brandishing verdicts reviewed de novo (motion for judgment of acquittal denied below); convictions and sentence affirmed (result: claimant-won)
- Bailey v. United States 516 U.S. 137 (1995)
criminal; two jury convictions (Bailey; Robinson) under the pre-1998 "uses or carries" text, affirmed by the en banc D.C. Circuit on a proximity-and-accessibility test; certiorari on the meaning of "use"; sufficiency of the evidence of "use" decided for both defendants, "carry" remanded (result: remanded)
- Muscarello v. United States 524 U.S. 125 (1998)
criminal; two consolidated cases (Muscarello, CA5, guilty plea; Cleveland and Gray-Santana, CA1) in which the courts of appeals upheld "carry" convictions for guns in a locked glove compartment / car trunk; certiorari on whether "carries" is limited to carrying on the person; affirmed 5-4 (result: claimant-won)