Knowingly possess and convey the firearm

AND · 18usc924:carry

Exact element source

uses or carries a firearm

Source: docroot/ir/usc/title18.jsonl#title18_sec924; Unicode character offsets [4633:4658] (end exclusive); SHA-256 899fad466e76614e7f7b0bb794089010ef0af034312bcd194c76394228dbfdc4.

All variants

Recorded DB variant labels, including zero-count variants
Variant	Description	Merits instance blocks	Distinct cases	Example cases (up to 3 per group)
on-person/conveyance	Carrying on the person can satisfy the conduct mode.	0 Satisfied 0; not satisfied 0; excluded context 1	0	No counted merits examples Excluded context examples: /us/516/0137-01 — Supreme Court of the United States · 1995 — rule-announced/merits
vehicle/conveyance	Accompanied vehicle can qualify even with the firearm in a locked glove compartment or trunk.	3 Satisfied 3; not satisfied 0; excluded context 2	2	/f2d/890/1363-01 — United States Court of Appeals for the Seventh Circuit · 1989 — satisfied; /us/524/0125-01 — Supreme Court of the United States · 1998 — satisfied Excluded context examples: /f3d/116/1353-01 — United States Court of Appeals for the Tenth Circuit · 1997 — applied/procedural; /us/524/0125-01 — Supreme Court of the United States · 1998 — applied/dissent

How courts decided this element

Annotation blocks, including explicitly excluded context
Case	Element	Holding and scope	Variant	Exact source quotations
/f2d/890/1363-01 — United States Court of Appeals for the Seventh Circuit · 1989	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.	vehicle/conveyance	he observed Ocampo bent over inside the vehicle placing an object on the floor of the passenger side Source: `docroot/ir/caselaw/f2d_890.jsonl#/f2d/890/1363-01`; Unicode character offsets [5372:5472] (end exclusive); SHA-256 `e699608e067b8f06d6f5b6d302a4c98cc2cc7bf61d9d69b090e1570dffbe3abe`. Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged) they did observe Ocampo attempting to kick it underneath the passenger seat Source: `docroot/ir/caselaw/f2d_890.jsonl#/f2d/890/1363-01`; Unicode character offsets [5545:5620] (end exclusive); SHA-256 `e699608e067b8f06d6f5b6d302a4c98cc2cc7bf61d9d69b090e1570dffbe3abe`. Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged) Dailey recovered the object, a loaded blue steel revolver, from underneath the passenger seat Source: `docroot/ir/caselaw/f2d_890.jsonl#/f2d/890/1363-01`; Unicode character offsets [5673:5766] (end exclusive); SHA-256 `e699608e067b8f06d6f5b6d302a4c98cc2cc7bf61d9d69b090e1570dffbe3abe`. Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged) the gun was never displayed or brandished and was not found in the actual possession of either defendant Source: `docroot/ir/caselaw/f2d_890.jsonl#/f2d/890/1363-01`; Unicode character offsets [20556:20660] (end exclusive); SHA-256 `e699608e067b8f06d6f5b6d302a4c98cc2cc7bf61d9d69b090e1570dffbe3abe`. Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged) 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 automobile Source: `docroot/ir/caselaw/f2d_890.jsonl#/f2d/890/1363-01`; Unicode character offsets [21212:21386] (end exclusive); SHA-256 `e699608e067b8f06d6f5b6d302a4c98cc2cc7bf61d9d69b090e1570dffbe3abe`. Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged) 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`. Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)
/f3d/116/1353-01 — United States Court of Appeals for the Tenth Circuit · 1997	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.	vehicle/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`. Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged) Mr. Kelly also had three rounds of ammunition that matched the cylinder of the gun under the seat Source: `docroot/ir/caselaw/f3d_116.jsonl#/f3d/116/1353-01`; Unicode character offsets [1407:1504] (end exclusive); SHA-256 `009438fcc9986a862dab6e536f87dd90ffb69c8d6d1ff9836d80b1c1b859efb8`. Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged) 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`. Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 1 (1 = tagged; 0 = not tagged) 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`. Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged) 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`. Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged) 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`. Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)
/us/516/0137-01 — Supreme Court of the United States · 1995	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).	on-person/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`. Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged) 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`. Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)
/us/524/0125-01 — Supreme Court of the United States · 1998	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.	vehicle/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`. Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged) 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`. Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged) 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`. Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged) 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`. Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged) 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`. Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)
/us/524/0125-01 — Supreme Court of the United States · 1998	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.	vehicle/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`. Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged) 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`. Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged) 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`. Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged) “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`. Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged) 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`. Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)
/us/524/0125-01 — Supreme Court of the United States · 1998	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.	vehicle/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`. Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged) 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`. Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

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.

/us/524/0125-01 — Supreme Court of the United States · 1998

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.