Muscarello v. United States
524 U.S. 125 (1998)
Rule of Law:
The phrase "carries a firearm" under 18 U.S.C. § 924(c)(1) is not limited to carrying a weapon on one's person. It also includes knowingly possessing and conveying a firearm in a vehicle that the person accompanies, such as in a locked glove compartment or trunk.
Facts:
- Frank J. Muscarello sold marijuana, which he transported in his truck to the point of sale.
- A handgun was discovered in the locked glove compartment of Muscarello's truck.
- In a separate incident, Donald Cleveland and Enrique Gray-Santana placed several guns into a bag.
- Cleveland and Gray-Santana then put the bag of guns in the trunk of a car.
- Cleveland and Gray-Santana traveled by car to a location for a proposed drug transaction, where they intended to steal drugs.
Procedural Posture:
- In separate cases, Frank J. Muscarello, Donald Cleveland, and Enrique Gray-Santana were charged in federal district courts with violating 18 U.S.C. § 924(c)(1).
- Muscarello was convicted and appealed to the United States Court of Appeals for the Fifth Circuit, which affirmed the conviction, holding that 'carrying' includes having a gun in a locked glove compartment.
- Cleveland and Gray-Santana were convicted and appealed to the United States Court of Appeals for the First Circuit, which affirmed their convictions, holding that 'carrying' includes transporting guns in the trunk of a car.
- The United States Supreme Court granted certiorari to the petitioners in both cases and consolidated them to resolve the circuit split on the meaning of 'carries a firearm' under the statute.
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Issue:
Does the phrase "carries a firearm" in 18 U.S.C. § 924(c)(1) apply to a person who knowingly possesses and conveys a firearm in a vehicle, including in a locked glove compartment or trunk?
Opinions:
Majority - Justice Breyer
Yes. The phrase 'carries a firearm' applies to a person who knowingly possesses and conveys a firearm in a vehicle. The Court determined that the primary, ordinary meaning of the word 'carry' includes conveying something in a vehicle. This interpretation is supported by the word's etymology, dictionary definitions, literary usage, and modern press usage. The statute's purpose is to persuade criminals to leave their guns at home when committing crimes, and it would undermine this purpose to exclude firearms transported in a vehicle but available for use. The statutory phrase 'during and in relation to' a drug trafficking crime provides the necessary limitation to prevent the law's overbroad application.
Dissenting - Justice Ginsburg
No. The phrase 'carries a firearm' should be confined to carrying a weapon on or about one's person in a manner that makes it ready for use as a weapon. The word 'carry' has many meanings, and in the context of firearms, a common meaning is to bear the weapon on one's person. Given this ambiguity, the rule of lenity dictates that the statute should be construed narrowly in favor of the defendant. Furthermore, other federal firearms statutes use the word 'transport' when referring to firearms in vehicles, indicating Congress intended a different, narrower meaning for 'carry.' A narrow interpretation is consistent with Bailey v. United States and properly distinguishes between the most dangerous conduct (a gun at hand) and less immediate threats, which are already subject to sentence enhancements under the Sentencing Guidelines.
Analysis:
This decision significantly broadens the scope of criminal liability under 18 U.S.C. § 924(c)(1), subjecting more defendants to a mandatory five-year sentence enhancement. By rejecting a narrow, 'on-the-person' definition of 'carry,' the Court created a clear distinction between the terms 'uses' (which was narrowly construed in Bailey v. United States) and 'carries.' This ruling reduces ambiguity for lower courts but increases the punitive power of the statute, applying it to situations where a firearm is merely present in a vehicle during a drug crime, rather than actively employed or immediately accessible.
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