Source: law/18usc924.law
law 18usc924 cite 18 U.S.C. § 924(c) title Firearm use, carry, or possession in furtherance of a predicate crime url https://www.neochart.com/catalog/federal/title_18/section_924/title18_sec924_42978da3a939/924_penalties_a_1_except_as_otherwise_provided_in_this_subse_0001/index.html address catalog/federal/title_18/section_924/title18_sec924_42978da3a939/924_penalties_a_1_except_as_otherwise_provided_in_this_subse_0001/index.html source ir/usc/title18.jsonl#title18_sec924 sha1=b8469777b35e6b0e655c89ee8aafc6b3c129e95f chars=22778 claim 924(c)-use-or-carry : predicate & firearm & (use | carry) & during-relation gloss Section 924(c)(1)(A) requires a qualifying predicate, knowing firearm conduct and the during-and-in-relation-to nexus. Use and carry are alternative conduct modes. Penalty facts are not cumulative prerequisites to the five-year base offense. claim 924(c)-possession : predicate & firearm & possession & furtherance gloss Independent possession mode uses in-furtherance-of, not merely during-and-in-relation-to. A gun near drugs is not enough by itself; evidence must link possession to advancement of the predicate. claim 924(c)-armor-use-or-carry : predicate & armor-ammunition & armor-use-carry & during-relation gloss Section 924(c)(5) separately addresses armor-piercing ammunition; do not treat ordinary ammunition alone as a firearm under (c)(1). The statutory fifteen-year and death-result consequences are separate from base liability. Research emphasis is (c)(1)-(4). claim 924(c)-armor-possession : predicate & armor-ammunition & armor-possession & furtherance gloss Section 924(c)(5) possession likewise requires the furtherance nexus. No independent corpus opinion interpreting this ammunition branch is claimed. claim 924(c)-aiding-use-or-carry : predicate & firearm & (use | carry) & during-relation & accomplice gloss Section 2 attribution route: the use/carry conduct and nexus are proved for the armed principal; accomplice addresses this defendant's active participation and advance knowledge under Rosemond. The formula does not require personal firearm handling by the accomplice. It does not silently extend Rosemond to every possession, Pinkerton, or armor-ammunition theory. element predicate : or name Qualifying federal predicate offense text @4561..4631 | for which the person may be prosecuted in a court of the United States gloss 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. element predicate.drug : and name Enumerated federal drug felony text @6388..6648 | (2) For purposes of this subsection, the term "drug trafficking crime" means any felony punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46. variant csa/felony | Includes a qualifying section 841 offense or section 846 attempt/conspiracy; proof must satisfy the selected predicate's own elements. variant import-export/felony | Felony punishable under the Controlled Substances Import and Export Act. variant maritime/felony | Felony punishable under title 46 chapter 705. element predicate.violence : and name Felony with the required force element text @6649..6752 | (3) For purposes of this subsection the term "crime of violence" means an offense that is a felony and- text @6753..6880 | (A) has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or rule /f3d/933/0796-01 @9347..9649 | In United States v. Davis , 588 U.S. ----, 139 S. Ct. 2319, 204 L.Ed.2d 757 (2019), the Supreme Court resolved a circuit split and held that the residual clause in the § 924(c) definition of a crime of violence is unconstitutionally vague, so the defendants' convictions cannot be upheld on that basis. rule /us/604/423 @9683..9833 | If the offense can be committed without the use, at- tempted use, or threatened use of force, it is not a crime of violence under the elements clause. gloss Delligatti, 604 U.S. 423 (2025), reaffirms the categorical method and holds that deliberate injury or death can involve force even by omission of a legal duty. Taylor does not exclude every attempt offense; compare attempted murder. gloss Davis invalidates (c)(3)(B). Taylor, 596 U.S. 845 (2022), requires the categorical elements inquiry and holds attempted Hobbs Act robbery does not qualify; actual violent facts cannot repair a missing statutory force element. These rulings do not erase the separate drug-trafficking alternative. Official opinions and local-IR availability are recorded in NOTES. element firearm : and name Firearm object text @4633..4658 | uses or carries a firearm xref 18 U.S.C. § 921(a)(3) | Defines firearm; a firearm is required for (c)(1), unlike the distinct armor-piercing ammunition branch in (c)(5). element use : and name Active employment of a firearm text @4633..4658 | uses or carries a firearm rule /us/516/0137-01 @12290..12429 | We conclude that the language, context, and history of § 924(c)(1) indicate that the Government must show active employment of the firearm. variant active/weapon | Brandishing, displaying, striking with, firing or attempting to fire the firearm; a calculated reference can constitute active employment. variant barter/gun-for-drugs | Giving the gun as consideration for drugs is use under Smith. rule /us/552/0074-01 @12492..12654 | Given ordinary meaning and the conventions of English, we hold that a person does not “use” a firearm under § 924(c)(1)(A) when he receives it in trade for drugs. gloss 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. element carry : and name Knowingly possess and convey the firearm text @4633..4658 | uses or carries a firearm rule /us/524/0125-01 @444..621 | 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. variant on-person/conveyance | Carrying on the person can satisfy the conduct mode. variant vehicle/conveyance | Accompanied vehicle can qualify even with the firearm in a locked glove compartment or trunk. not-required Carrying on the body, as opposed to knowing conveyance in an accompanied vehicle (Muscarello). element during-relation : and name During and in relation to the predicate text @4322..4395 | during and in relation to any crime of violence or drug trafficking crime rule /us/508/0223-01 @25717..25945 | The phrase “in relation to” thus, at a minimum, clarifies that the firearm must have some purpose or effect with respect to the drug trafficking crime; its presence or involvement cannot be the result of accident or coincidence. gloss 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). element possession : and name Knowing actual or constructive possession text @4660..4721 | or who, in furtherance of any such crime, possesses a firearm gloss 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. element furtherance : and name Possession advances the specific predicate text @4668..4721 | in furtherance of any such crime, possesses a firearm rule /f3d/218/0409-01 @15344..15461 | Thus, firearm possession that furthers, advances, or helps forward the drug trafficking offense violates the statute. rule /f3d/218/0409-01 @13003..13166 | What is instead required is evidence more specific to the particular defendant, showing that his or her possession actually furthered the drug trafficking offense. variant protection/drugs-or-proceeds | Loaded, accessible gun protecting drugs or proceeds may support furtherance. 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. gloss 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. element accomplice : and name Section 2 aiding and abetting route text @4633..4658 | uses or carries a firearm xref 18 U.S.C. § 2 | Accomplice liability is an alternative attribution route, not a requirement for a principal who personally uses/carries the gun. rule /us/572/0065-01 @341..585 | We hold that the Government makes its case by proving that the defendant actively participated in the underlying drug trafficking or violent crime with advance knowledge that a confederate would use or carry a gun during the crime's commission. gloss 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. element penalty : or name Sentencing consequences after offense proof text @4723..4822 | shall, in addition to the punishment provided for such crime of violence or drug trafficking crime- gloss 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. element penalty.base : and name Five-year minimum absent applicable higher minimum text @4823..4891 | (i) be sentenced to a term of imprisonment of not less than 5 years; element penalty.brandish : and name Seven-year brandishing minimum text @4892..4995 | (ii) if the firearm is brandished, be sentenced to a term of imprisonment of not less than 7 years; and text @7048..7354 | (4) For purposes of this subsection, the term "brandish" means, with respect to a firearm, to display all or part of the firearm, or otherwise make the presence of the firearm known to another person, in order to intimidate that person, regardless of whether the firearm is directly visible to that person. element penalty.discharge : and name Ten-year discharge minimum text @4996..5097 | (iii) if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years. rule /us/556/0568-01 @4170..4286 | It does not require that the discharge be done knowingly or intentionally, or otherwise contain words of limitation. not-required Separate intent to discharge (Dean, 556 U.S. 568, 572 (2009)); the underlying firearm offense must still be proved. gloss Dean construes discharge mens rea; Alleyne separately controls jury proof of the discharge fact. Dean's pre-Alleyne procedural assumptions do not displace that later constitutional rule. element penalty.weapon : or name Special firearm types text @5358..5545 | (ii) is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, the person shall be sentenced to a term of imprisonment of not less than 30 years. text @5184..5357 | (i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the person shall be sentenced to a term of imprisonment of not less than 10 years; or gloss Section (c)(1)(B)(i) separately provides a ten-year minimum for short-barreled rifles/shotguns. The source also retains semiautomatic assault weapon wording tied to the 1994 amendment termination note; do not activate that historical category without an effective-date analysis. element penalty.repeat : and name Later offense after final prior section 924(c) conviction text @5546..5690 | (C) In the case of a violation of this subsection that occurs after a prior conviction under this subsection has become final, the person shall- text @5691..5764 | (i) be sentenced to a term of imprisonment of not less than 25 years; and text @5765..5932 | (ii) if the firearm involved is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, be sentenced to imprisonment for life. gloss The current final-prior-conviction text prevents treating another count in the same initial prosecution as a qualifying final prior. Historical pre-First-Step-Act decisions require offense/sentencing-date analysis. element penalty.consecutive : and name Mandatory consecutive imprisonment; no probation text @6082..6387 | (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. text @5981..6077 | (i) a court shall not place on probation any person convicted of a violation of this subsection; rule /cl/10774242 @10236..10408 | We resolve the rest by concluding that this presumption holds true here: Congress intended subsection (j) as an al- ternative, not a supplement, to subsection (c)(1)(A)(i). gloss Barrett (January 14, 2026) bars two convictions under (c)(1)(A)(i) and (j) for the same act. Section (c) consecutive sentencing must not be exported to a section (j) conviction, which has its own penalty scheme. element armor-ammunition : and name Armor-piercing ammunition object text @7818..7859 | uses or carries armor piercing ammunition xref 18 U.S.C. § 921(a)(17)(B)-(C) | Definition and exclusions for armor-piercing ammunition. element armor-use-carry : and name Use or carry the armor-piercing ammunition text @7818..7859 | uses or carries armor piercing ammunition element armor-possession : and name Possess the armor-piercing ammunition text @7861..7938 | or who, in furtherance of any such crime, possesses armor piercing ammunition element penalty.armor : or name Armor-piercing ammunition consequences text @8073..8146 | (A) be sentenced to a term of imprisonment of not less than 15 years; and text @8147..8200 | (B) if death results from the use of such ammunition- gloss Section (c)(5)(B) links resulting death to murder as defined in section 1111 or manslaughter as defined in section 1112, with the respective penalties. Causation and homicide definitions are additional conditions for that consequence; section 924(j) is outside this catalogue. exception higher-minimum : exception name Greater minimum for the same firearm conduct displaces the lower minimum effect limits-remedy Replaces the lower mandatory minimum; does not bar conviction or waive consecutive punishment merely because another count has a higher minimum. text @4178..4304 | Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law text @7359..7489 | Except to the extent that a greater minimum sentence is otherwise provided under this subsection, or by any other provision of law rule /us/562/0008-01 @3127..3439 | We hold, in accord with the courts below, and in line with the majority of the Courts of Appeals, that a defendant is subject to a mandatory, consecutive sentence for a § 924(c) conviction, and is not spared from that sentence by virtue of receiving a higher mandatory minimum on a different count of conviction. gloss 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. constraint minimum-proof(penalty.brandish, penalty.discharge, penalty.weapon) : Facts increasing a mandatory minimum require the constitutionally prescribed element proof type governs rule /us/570/0099-01 @9453..9597 | Facts that increase the mandatory minimum sentence are therefore elements and must be submitted to the jury and found beyond a reasonable doubt. gloss Alleyne, 570 U.S. 99, 103, 111-12 (2013), supplies a judicial constitutional rule, subject to a valid admission or jury waiver. These are elements of the aggravated offense, though not universal requirements of the five-year base offense. This constraint does not decide the distinct prior-conviction exception or every weapon-type mens rea issue. constraint minimum-selection(penalty, higher-minimum) : Apply the governing higher minimum instead of cumulating lower tiers for the same firearm violation type governs gloss The statutory proviso changes the applicable punishment, not base liability. Its presence is therefore modeled at the penalty node instead of negating the offense claims. element penalty.armor.base : and name Fifteen-year minimum before additional death consequences text @8073..8146 | (A) be sentenced to a term of imprisonment of not less than 15 years; and gloss Applies without a death finding, subject to the greater-minimum proviso. Murder and manslaughter are alternative additional consequence branches when death results. element penalty.armor.murder : and name Resulting death constituting murder text @8201..8358 | (i) if the killing is murder (as defined in section 1111), be punished by death or sentenced to a term of imprisonment for any term of years or for life; and xref 18 U.S.C. § 1111 | Incorporates the federal murder definition; death must result from use of the ammunition under section 924(c)(5)(B). element penalty.armor.manslaughter : and name Resulting death constituting manslaughter text @8359..8465 | (ii) if the killing is manslaughter (as defined in section 1112), be punished as provided in section 1112. xref 18 U.S.C. § 1112 | Incorporates the federal manslaughter definition and punishment; death must result from use of the ammunition under section 924(c)(5)(B).