AND · 18usc924:carry
Exact element source
uses or carries a firearmSource:
docroot/ir/usc/title18.jsonl#title18_sec924; Unicode character offsets [4633:4658] (end exclusive); SHA-256 899fad466e76614e7f7b0bb794089010ef0af034312bcd194c76394228dbfdc4.Routes and case patterns
| Route | Definition | Merits instance blocks | Distinct merits cases | Examples (up to 3 cases per count group) |
|---|---|---|---|---|
| on-person provisional; provisional (1 case) | Whether the firearm was borne on the person. | 0 Satisfied 0; not satisfied 0; excluded context 1 | 0 | Used only in non-merits blocks (1). Excluded context examples:Bailey v. United States — 516 U.S. 137 (1995) · Supreme Court of the United States · 1995 — not reached · basis not recorded (18usc924: author: Fable · not independently reviewed) · rule-announced/merits · not counted |
| vehicle provisional; 3 observed cases | Whether conveying a firearm in a vehicle is "carrying" (Muscarello). | 3 Satisfied 3; not satisfied 0; excluded context 2 | 2 | United States v. Ocampo — 890 F.2d 1363 (1989) · United States Court of Appeals for the Seventh Circuit · 1989 — satisfied · proved (18usc924: author: Fable · not independently reviewed) · applied/merits · counted Muscarello v. United States — 524 U.S. 125 (1998) · Supreme Court of the United States · 1998 — satisfied · law (18usc924: author: Fable · not independently reviewed) · applied/merits · counted Muscarello v. United States — 524 U.S. 125 (1998) · Supreme Court of the United States · 1998 — satisfied · law (18usc924: author: Fable · not independently reviewed) · applied/merits · counted United States v. Holland — 116 F.3d 1353 (1997) · United States Court of Appeals for the Tenth Circuit · 1997 — satisfied · proved (18usc924: author: Fable · historical QA: PASS (QA2, neov2/qa/wave2-cases-QA2.md) · changed after review; current content not independently reviewed) · applied/procedural · not counted Muscarello v. United States — 524 U.S. 125 (1998) · Supreme Court of the United States · 1998 — not · law (18usc924: author: Fable · not independently reviewed) · applied/dissent · not counted |
How courts decided this element
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| United States v. Ocampo — 890 F.2d 1363 (1989) · United States Court of Appeals for the Seventh Circuit · 1989 — satisfied · proved (18usc924: author: Fable · not independently reviewed) | Knowingly possess and convey the firearm | satisfied Counted merits instance applied / merits basis: proved; claim: (c)(1); party: Ocampo (passenger); subject: party=Ocampo (passenger) Sufficiency upheld. The court states no test for "carry"; it treats having the gun in hand inside the car and hiding it under the seat as carrying. Whether the species is on-person or vehicle is not resolved by the opinion; filed under the vehicle hint because the gun was recovered from under the seat of the car the defendants had just entered. | conveyance | he observed Ocampo bent over inside the vehicle placing an object on the floor of the passenger sideSource: docroot/ir/caselaw/f2d_890.jsonl#/f2d/890/1363-01; Unicode character offsets [5372:5472] (end exclusive); SHA-256 e699608e067b8f06d6f5b6d302a4c98cc2cc7bf61d9d69b090e1570dffbe3abe.they did observe Ocampo attempting to kick it underneath the passenger seatSource: docroot/ir/caselaw/f2d_890.jsonl#/f2d/890/1363-01; Unicode character offsets [5545:5620] (end exclusive); SHA-256 e699608e067b8f06d6f5b6d302a4c98cc2cc7bf61d9d69b090e1570dffbe3abe.Dailey recovered the object, a loaded blue steel revolver, from underneath the passenger seatSource: docroot/ir/caselaw/f2d_890.jsonl#/f2d/890/1363-01; Unicode character offsets [5673:5766] (end exclusive); SHA-256 e699608e067b8f06d6f5b6d302a4c98cc2cc7bf61d9d69b090e1570dffbe3abe.the gun was never displayed or brandished and was not found in the actual possession of either defendantSource: docroot/ir/caselaw/f2d_890.jsonl#/f2d/890/1363-01; Unicode character offsets [20556:20660] (end exclusive); SHA-256 e699608e067b8f06d6f5b6d302a4c98cc2cc7bf61d9d69b090e1570dffbe3abe.there was ample evidence for the jury to find that he had the gun in his possession and was in the process of hiding it under the seat as the police approached the automobileSource: docroot/ir/caselaw/f2d_890.jsonl#/f2d/890/1363-01; Unicode character offsets [21212:21386] (end exclusive); SHA-256 e699608e067b8f06d6f5b6d302a4c98cc2cc7bf61d9d69b090e1570dffbe3abe.Under these circumstances it was reasonable for the jury to conclude he "carried" the weapon as required by the statute.Source: docroot/ir/caselaw/f2d_890.jsonl#/f2d/890/1363-01; Unicode character offsets [21388:21508] (end exclusive); SHA-256 e699608e067b8f06d6f5b6d302a4c98cc2cc7bf61d9d69b090e1570dffbe3abe. |
| United States v. Holland — 116 F.3d 1353 (1997) · United States Court of Appeals for the Tenth Circuit · 1997 — satisfied · proved (18usc924: author: Fable · historical QA: PASS (QA2, neov2/qa/wave2-cases-QA2.md) · changed after review; current content not independently reviewed) | Knowingly possess and convey the firearm | satisfied Excluded from merits counts applied / procedural basis: proved; claim: (c)(1); party: Holland (driver and owner of the car); subject: party=Holland (driver and owner of the car) SCOPE: section 2255 collateral review, actual-prejudice prong of procedural default. The court does not review afresh whether the evidence proved carrying (Holland did not dispute that the gun was carried in his vehicle); it holds that the 1993 jury's findings under the unchallenged possession instruction were the functional equivalent of a carry verdict, so he was not prejudiced by the Bailey error in the use instruction. [proved] refers to that jury finding. Hence `scope procedural`, not a merits instance of `carry`. Not a direct sufficiency review: the court reasons that, because the instructions required a finding of knowing (actual or constructive, sole or joint) possession for either prong and the gun was in the car Holland owned and drove, the verdict necessarily contained every finding needed for vehicular carrying. The gun was registered to the passenger and lay under the passenger's seat; the court does not discuss how the jury attributed possession to the driver. Pre-Muscarello, consistent with it. | conveyance | In this case, the gun providing the basis for the section 924(c)(1) conviction was located under the front passenger seat of a car owned and driven by Mr. Holland.Source: docroot/ir/caselaw/f3d_116.jsonl#/f3d/116/1353-01; Unicode character offsets [13659:13822] (end exclusive); SHA-256 009438fcc9986a862dab6e536f87dd90ffb69c8d6d1ff9836d80b1c1b859efb8.Mr. Kelly also had three rounds of ammunition that matched the cylinder of the gun under the seatSource: docroot/ir/caselaw/f3d_116.jsonl#/f3d/116/1353-01; Unicode character offsets [1407:1504] (end exclusive); SHA-256 009438fcc9986a862dab6e536f87dd90ffb69c8d6d1ff9836d80b1c1b859efb8.the government is required to prove only that the defendant transported a firearm in a vehicle and that he had actual or constructive possession of the firearm while doing so.Source: docroot/ir/caselaw/f3d_116.jsonl#/f3d/116/1353-01; Unicode character offsets [19053:19228] (end exclusive); SHA-256 009438fcc9986a862dab6e536f87dd90ffb69c8d6d1ff9836d80b1c1b859efb8.The essential inquiry is whether the jury’s verdict, under the instructions given and the nature of the evidence, required the jury to find all the elements of a “carrying" violation, or stated another way, whether the verdict was the functional equivalent of such a finding.Source: docroot/ir/caselaw/f3d_116.jsonl#/f3d/116/1353-01; Unicode character offsets [21878:22153] (end exclusive); SHA-256 009438fcc9986a862dab6e536f87dd90ffb69c8d6d1ff9836d80b1c1b859efb8.The jury findings required by the instructions, taken together, establish the elements of carrying a firearm under section 924(c)(1).Source: docroot/ir/caselaw/f3d_116.jsonl#/f3d/116/1353-01; Unicode character offsets [16071:16204] (end exclusive); SHA-256 009438fcc9986a862dab6e536f87dd90ffb69c8d6d1ff9836d80b1c1b859efb8.These findings were made under proper instructions, unaffected by Bailey, and supported by sufficient evidence.Source: docroot/ir/caselaw/f3d_116.jsonl#/f3d/116/1353-01; Unicode character offsets [16533:16644] (end exclusive); SHA-256 009438fcc9986a862dab6e536f87dd90ffb69c8d6d1ff9836d80b1c1b859efb8. |
| Bailey v. United States — 516 U.S. 137 (1995) · Supreme Court of the United States · 1995 — not reached (18usc924: author: Fable · not independently reviewed) | Knowingly possess and convey the firearm | not_reached Excluded from merits counts rule-announced / merits claim: (c)(1) Both defendants were charged under both prongs; the Court says only that "carry" has a meaning independent of "use" and leaves its application (gun in a car trunk; gun in a closet) to the court below. The `rule` line is an example, not a definition of "carry" (that came in Muscarello). | conveyance | a firearm can be carried without being used, e. g., when an offender keeps a gun hidden in his clothing throughout a drug transaction.Source: docroot/ir/caselaw/us_516.jsonl#/us/516/0137-01; Unicode character offsets [15303:15437] (end exclusive); SHA-256 7311fa4b39948dc61528cd7cd0c33a123690902c2797221bb5e30fc1c10b56ca.Because the Court of Appeals did not consider liability under the “carry” prong of § 924(c)(1) for Bailey or Robinson, we remand for consideration of that basis for upholding the convictions.Source: docroot/ir/caselaw/us_516.jsonl#/us/516/0137-01; Unicode character offsets [25022:25213] (end exclusive); SHA-256 7311fa4b39948dc61528cd7cd0c33a123690902c2797221bb5e30fc1c10b56ca. |
| Muscarello v. United States — 524 U.S. 125 (1998) · Supreme Court of the United States · 1998 — satisfied · law (18usc924: author: Fable · not independently reviewed) | Knowingly possess and convey the firearm | satisfied Counted merits instance applied / merits basis: law; claim: (c)(1); party: Cleveland and Gray-Santana; subject: party=Cleveland and Gray-Santana Guns in a bag in the trunk of the car the defendants rode to the planned drug rip-off. The court-of-appeals holdings that they "carried" are affirmed on the legal question; the opinion does not say whether the convictions rested on a verdict or a plea. | conveyance | Petitioners in the second case, Donald Cleveland and Enrique Gray-Santana, placed several guns in a bag, put the bag in the trunk of a ear, and then traveled by ear to a proposed drug-sale point, where they intended to steal drugs from the sellers.Source: docroot/ir/caselaw/us_524.jsonl#/us/524/0125-01; Unicode character offsets [1289:1537] (end exclusive); SHA-256 90ca66b30e958162a71baf4038bf5a49a4311a516e691a4aceb9d17a25c6f2b0.Federal agents at the scene stopped them, searched the ears, found the guns and drugs, and arrested them.Source: docroot/ir/caselaw/us_524.jsonl#/us/524/0125-01; Unicode character offsets [1538:1643] (end exclusive); SHA-256 90ca66b30e958162a71baf4038bf5a49a4311a516e691a4aceb9d17a25c6f2b0.In sum, the “generally accepted contemporary meaning” of the word “carry” includes the carrying of a firearm in a vehicle.Source: docroot/ir/caselaw/us_524.jsonl#/us/524/0125-01; Unicode character offsets [25038:25160] (end exclusive); SHA-256 90ca66b30e958162a71baf4038bf5a49a4311a516e691a4aceb9d17a25c6f2b0.“Carry” implies personal agency and some degree of possession, whereas “transport” does not have such a limited connotation and, in addition, implies the movement of goods in bulk over great distances.Source: docroot/ir/caselaw/us_524.jsonl#/us/524/0125-01; Unicode character offsets [15735:15936] (end exclusive); SHA-256 90ca66b30e958162a71baf4038bf5a49a4311a516e691a4aceb9d17a25c6f2b0.We granted certiorari to determine whether the fact that the guns were found in the locked glove compartment, or the trunk, of a ear precludes application of § 924(c)(1). We conclude that it does not.Source: docroot/ir/caselaw/us_524.jsonl#/us/524/0125-01; Unicode character offsets [1846:2046] (end exclusive); SHA-256 90ca66b30e958162a71baf4038bf5a49a4311a516e691a4aceb9d17a25c6f2b0. |
| Muscarello v. United States — 524 U.S. 125 (1998) · Supreme Court of the United States · 1998 — satisfied · law (18usc924: author: Fable · not independently reviewed) | Knowingly possess and convey the firearm | satisfied Counted merits instance applied / merits basis: law; claim: (c)(1); party: Muscarello; subject: party=Muscarello Facts undisputed (plea); the only question was legal: whether a handgun locked in the glove compartment of the truck he drove to the sale is "carried". Held yes; neither "on the person" nor "immediately accessible" is required. | conveyance | Petitioner in the first case, Frank J. Muscarello, unlawfully sold marijuana, which he carried in his truck to the place of sale.Source: docroot/ir/caselaw/us_524.jsonl#/us/524/0125-01; Unicode character offsets [699:828] (end exclusive); SHA-256 90ca66b30e958162a71baf4038bf5a49a4311a516e691a4aceb9d17a25c6f2b0.Police officers found a handgun locked in the truck’s glove compartment.Source: docroot/ir/caselaw/us_524.jsonl#/us/524/0125-01; Unicode character offsets [829:901] (end exclusive); SHA-256 90ca66b30e958162a71baf4038bf5a49a4311a516e691a4aceb9d17a25c6f2b0.it also applies to a person who knowingly possesses and conveys firearms in a vehicle, including in the locked glove compartment or trunk of a car, which the person accompanies.Source: docroot/ir/caselaw/us_524.jsonl#/us/524/0125-01; Unicode character offsets [444:621] (end exclusive); SHA-256 90ca66b30e958162a71baf4038bf5a49a4311a516e691a4aceb9d17a25c6f2b0.That interpretation, however, is difficult to square with the statute’s language, for one “carries” a gun in the glove compartment whether or not that glove compartment is locked.Source: docroot/ir/caselaw/us_524.jsonl#/us/524/0125-01; Unicode character offsets [23243:23422] (end exclusive); SHA-256 90ca66b30e958162a71baf4038bf5a49a4311a516e691a4aceb9d17a25c6f2b0.For these reasons, we conclude that petitioners’ conduct falls within the scope of the phrase “carries a firearm.”Source: docroot/ir/caselaw/us_524.jsonl#/us/524/0125-01; Unicode character offsets [25415:25529] (end exclusive); SHA-256 90ca66b30e958162a71baf4038bf5a49a4311a516e691a4aceb9d17a25c6f2b0. |
| Muscarello v. United States — 524 U.S. 125 (1998) · Supreme Court of the United States · 1998 — not · law (18usc924: author: Fable · not independently reviewed) | Knowingly possess and convey the firearm | not Excluded from merits counts applied / dissent basis: law; claim: (c)(1); opinion: Ginsburg, J., dissenting (joined by Rehnquist, C.J., Scalia and Souter, JJ.); subject: opinion=Ginsburg, J., dissenting (joined by Rehnquist, C.J., Scalia and Souter, JJ.) Dissent: "carries a firearm" means bearing on or about the person, ready for use; rule of lenity. Would reverse both judgments. | conveyance | I would read the words to indicate not merely keeping arms on one’s premises or in one’s vehicle, but bearing them in such manner as to be ready for use as a weapon.Source: docroot/ir/caselaw/us_524.jsonl#/us/524/0125-01; Unicode character offsets [27295:27460] (end exclusive); SHA-256 90ca66b30e958162a71baf4038bf5a49a4311a516e691a4aceb9d17a25c6f2b0.So reading the “Firearms” statutes, I would not extend the word “carries” in § 924(c)(1) to mean transports out of hand’s reach in a vehicle.Source: docroot/ir/caselaw/us_524.jsonl#/us/524/0125-01; Unicode character offsets [36864:37005] (end exclusive); SHA-256 90ca66b30e958162a71baf4038bf5a49a4311a516e691a4aceb9d17a25c6f2b0. |
Court interpretations
interpretation
it also applies to a person who knowingly possesses and conveys firearms in a vehicle, including in the locked glove compartment or trunk of a car, which the person accompanies.
Muscarello v. United States — 524 U.S. 125 (1998) · Supreme Court of the United States · 1998 (18usc924: author: Fable · not independently reviewed)
it also applies to a person who knowingly possesses and conveys firearms in a vehicle, including in the locked glove compartment or trunk of a car, which the person accompanies.Source:
docroot/ir/caselaw/us_524.jsonl#/us/524/0125-01; Unicode character offsets [444:621] (end exclusive); SHA-256 90ca66b30e958162a71baf4038bf5a49a4311a516e691a4aceb9d17a25c6f2b0.not-required
Carrying on the body, as opposed to knowing conveyance in an accompanied vehicle (Muscarello).
No source quotation recorded.