Muscarello v. United States

Supreme Court of the United States · 1998 · Criminal Law

524 U.S. 125 (1998)

Updated August 1, 2026

Criminal Lawstatutory interpretationlenity18 U.S.C. § 924(c)(1)carryfirearmvehicleglove compartment

Facts

In Muscarello's case, he unlawfully sold marijuana that he transported in his truck to the sale location, and police found a handgun locked in the truck's glove compartment. In the second case, Cleveland and Gray-Santana put several guns in a bag, placed the bag in a car trunk, and drove to a proposed drug-sale point where they intended to steal drugs from the sellers. Federal agents stopped them at the scene, found the guns and drugs, and arrested them. In both cases, the firearms were in vehicles accompanying the defendants rather than physically on their persons.

Issue

Does the phrase "carries a firearm" in 18 U.S.C. § 924(c)(1) apply only when a person carries a firearm on his person, or does it also include knowingly possessing and conveying a firearm in a vehicle the person accompanies, including in a locked glove compartment or trunk?

Rule

For purposes of 18 U.S.C. § 924(c)(1), the ordinary meaning of "carries a firearm" is not limited to carrying on the person. It also covers a person who knowingly possesses and conveys a firearm in a vehicle that the person accompanies, including in a locked glove compartment or trunk, provided the firearm is carried during and in relation to a drug trafficking crime.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Phoenix, Leo Navarro drove his sedan to deliver methamphetamine to a waiting customer. Officers stopped him in the parking lot and found a loaded revolver in a zippered pouch inside the locked glove compartment; Leo knew it was there.

Under 18 U.S.C. § 924(c)(1), did Leo "carry" a firearm?

Explanation. The majority held that "carries a firearm" is not limited to on-the-person bearing. It includes knowingly possessing and conveying a firearm in a vehicle the defendant accompanies, including a locked glove compartment, so long as it is during and in relation to a drug trafficking crime. Immediate accessibility is not required, and active employment concerns "use," not "carry."