Supreme Court of the United States
Muscarello v. United States
June 8, 1998524 U.S. 125
Summary
The Court, in an opinion by Justice Breyer joined by Justices Stevens, O'Connor, Kennedy, and Thomas, held that carrying a firearm under 18 U.S.C. § 924(c)(1) includes knowingly possessing and conveying a firearm in a vehicle the defendant accompanies, including in a locked glove compartment or trunk. Ordinary meaning, statutory purpose, and legislative history supported that interpretation; immediate accessibility was unnecessary, and the statute was not sufficiently ambiguous to trigger lenity. The Court affirmed both appellate judgments. Justice Ginsburg dissented, joined by Chief Justice Rehnquist and Justices Scalia and Souter. She would restrict the provision to bearing firearms on or about the person, ready for use, and would resolve the statutory ambiguity in the defendants' favor under the rule of lenity.
Holding
- Whether the carrying requirement extends to firearms conveyed in an accompanying vehicle.. The phrase "carries a firearm" includes knowingly possessing and conveying a firearm in a vehicle that the person accompanies.
- Whether the firearm must be immediately accessible.. A firearm may satisfy the carrying requirement even when it is in a locked glove compartment or trunk and is not immediately accessible.
- Whether the rule of lenity requires an on-the-person construction.. The rule of lenity does not require narrowing the carrying requirement to firearms borne on the person.
Docket 96-1654
Cited authorities
- 18 U.S.C. §§ 922
- CA10
- CA11
- 18 U.S.C. § 922(j)
- 18 U.S.C. § 922(k)
- 18 U.S.C. § 924
- 18 U.S.C. § 924
- 18 U.S.C. § 925
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