Citation

Marsella L. J. Crim. Law Criminol. 1999; 89(3): 973-1006.

Copyright

(Copyright © 1999, Northwestern University School of Law)

DOI

unavailable

PMID

unavailable

Abstract

In Muscarello v. United States, the Supreme Court in 1998 held that the phrase "carries a firearm" for the purposes of 18 U.S.C. §924(c) (1) "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." Rejecting the argument that "carries" applies only to firearms carried on the person, the Court reasoned that the statutory language and legislative history of §924 supported the application of the statute to firearms "carried" in vehicles as well.' This article argues that the Court properly expanded the scope of 18 U.S.C. §924 (c) (1) to include guns "carried" in vehicles during and in relation to drug trafficking crimes." The article explains how the text and policy goals of §924 justify the Court's holding. In addition, this article discusses a double standard created by the Muscarello decision, which results in stricter punishments for defendants who "carry" guns in a vehicle than for those who store guns nearby in a non-vehicular situation.' Ultimately, this article concludes that amending 18 U.S.C. §924 to replace the language "uses or carries a firearm" with the phrase "possesses a firearm" would solve the double standard created by Muscarello.