Muscarello v. United States

524 U.S. 125, 118 S. Ct. 1911, 141 L. Ed. 2d 111, 1998 U.S. LEXIS 3879
Supreme Court of the United States·Decided June 8, 1998·No. 96-1654·Published·Cited by 842 cases

Opinions

Justice Breyer

delivered the opinion of the Court.

A provision in the firearms chapter of the federal criminal code imposes a 5-year mandatory prison term upon a person who “uses or carries a firearm” “during and in relation to” a “drug trafficking crime.” 18 U. S. C. § 924(c)(1). The question before us is whether the phrase “carries a firearm” is limited to the carrying of firearms on the person. We hold that it is not so limited. Bather, it also applies to a person [127]*127who knowingly possesses and conveys firearms in a vehicle, including in the locked glove compartment or trunk of a car, which the person accompanies.

I

The question arises in two eases, which we have consolidated for argument. Petitioner in the first case, Frank J. Muscarello, unlawfully sold marijuana, which he carried in his truck to the place of sale. Police officers found a handgun locked in the truck’s glove compartment. During plea proceedings, Muscarello admitted that he had “carried” the gun “for protection in relation” to the drug offense, App. in No. 96-1654, p. 12, though he later claimed to the contrary, and added that, in any event, his “earrtying]” of the gun in the glove compartment did not fall within the scope of the statutory word “carries.” App. to Pet. for Cert, in No. 96-1654, p. 10a.

Petitioners in the second case, Donald Cleveland and Enrique Gray-Santana, placed several guns in a bag, put the bag in the trunk of a ear, and then traveled by ear to a proposed drug-sale point, where they intended to steal drugs from the sellers. Federal agents at the scene stopped them, searched the ears, found the guns and drugs, and arrested them.

In both eases the Courts of Appeals found that petitioners had “carrie[d]” the guns during and in relation to a drug trafficking offense. 106 F. 3d 636, 639 (CA5 1997); 106 F. 3d 1056, 1068 (CA1 1997). We granted certiorari to determine whether the fact that the guns were found in the locked glove compartment, or the trunk, of a ear precludes application of § 924(c)(1). We conclude that it does not.

I — i H-i

A

We begin with the statute’s language. The parties vigorously contest the ordinary English meaning of the phrase [128]*128“carries a firearm.” Because they essentially agree that Congress intended the phrase to convey its ordinary, and not some special legal, meaning, and because they argue the linguistic point at length, we too have looked into the matter in more than usual depth. Although the word “carry” has many different meanings, only two are relevant here. When one uses the word in the first, or primary, meaning, one can, as a matter of ordinary English, “carry firearms” in a wagon, car, truck, or other vehicle that one accompanies. "When one uses the word in a different, rather special, way, to mean, for example, “bearing” or (in slang) “packing” (as in “packing a gun”), the matter is less clear. But, for reasons we shall set out below, we believe Congress intended to use the word in its primary sense and not in this latter, special way.

Consider first the word’s primary meaning. The Oxford English Dictionary gives as its first definition “convey, originally by cart or wagon, hence in any vehicle, by ship, on horseback, etc.” 2 Oxford English Dictionary 919 (2d ed. 1989); see also Webster’s Third New International Dictionary 343 (1986) (first definition: “move while supporting (as in a vehicle or in one’s hands or arms)”); Random House Dictionary of the English Language Unabridged 319 (2d ed. 1987) (first definition: “to take or support from one place to another; convey; transport”).

The origin of the word “carries” explains why the first, or basic, meaning of the word “carry” includes conveyance in a vehicle. See Barnhart Dictionary of Etymology 146 (1988) (tracing the word from Latin “carum,” which means “car” or “cart”); 2 Oxford English Dictionary, supra, at 919 (tracing the word from Old French “earier” and the late Latin “carn-eare,” which meant to “convey in a ear”); Oxford Dictionary of English Etymology 148 (C. Onions ed. 1966) (same); Barn-hart Dictionary of Etymology, supra, at 143 (explaining that the term “car” has been used to refer to the automobile since 1896).

[129]*129The greatest of writers have used the word with this meaning. See, e. g., The King James Bible, 2 Kings 9:28 (“[H]is servants carried him in a chariot to Jerusalem”); id., Isaiah 30:6 (“[TJhey will carry their riches upon the shoulders of young asses”). Robinson Crusoe says, “[wjith my boat, I carry’d away every Thing.” D. Defoe, Robinson Crusoe 174 (J. Crowley ed. 1972). And the owners of Quee-queg’s ship, Melville writes, “had lent him a [wheelbarrow], in which to carry his heavy chest to his boarding-house.” H. Melville, Moby Dick 43 (U. Chicago 1952). This Court, too, has spoken of the “carrying” of drugs in a ear or in its “trunk.” California v. Acevedo, 500 U. S. 565, 572-573 (1991); Florida v. Jimeno, 500 U. S. 248, 249 (1991).

These examples do not speak directly about carrying guns. But there is nothing linguistically special about the fact that weapons, rather than drugs, are being carried. Robinson Crusoe might have carried a gun in his boat; Queequeg might have borrowed a wheelbarrow in which to carry not a chest but a harpoon. And, to make certain that there is no special ordinary English restriction (unmentioned in dictionaries) upon the use of “carry” in respect to guns, we have surveyed modern press usage, albeit crudely, by searching computerized newspaper data bases — both the New York Times data base in Lexis/Nexis, and the “US News” data base in West-law. We looked for sentences in which the words “carry,” “vehicle,” and “weapon” (or variations thereof) all appear. We found thousands of such sentences, and random sampling suggests that many, perhaps more than one-third, are sentences used to convey the meaning at issue here, i. e., the carrying of guns in a car.

The New York Times, for example, writes about “an ex-con” who “arrives home driving a stolen ear and carrying a load of handguns,” Mar. 21,1992, section 1, p. 18, col. 1, and an “official peace officer who carries a shotgun in his boat,” June 19, 1988, section 12WC, p. 2, col. 1; cf. The New York [130]*130Times Manual of Style and Usage, a Desk Book of Guidelines for Writers and Editors, foreword (L. Jordan rev. ed. 1976) (restricting Times journalists and editors to the use of proper English). The Boston Globe refers to the arrest of a professional baseball player ‘Tor carrying a semiloaded automatic weapon in his ear.” Dee. 10, 1994, p. 75, col. 5. The Colorado Springs Gazette Telegraph speaks of one “Russell” who “carries a gun hidden in his car.” May 2, 1993, p. Bl, eol. 2. The Arkansas Gazette refers to a “house” that was “searched” in an effort to find “items that could be carried in a car, such as... guns.” Mar. 10,1991, p. Al, col. 2. The San Diego Union-Tribune asks, “What, do they carry guns aboard these boats now?” Feb. 18,1992, p. D2, col. 5.

Now consider a different, somewhat special meaning of the word “carry” — -a meaning upon which the linguistic arguments of petitioners and the dissent must rest.

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Muscarello v. United States, 524 U.S. 125, 118 S. Ct. 1911, 141 L. Ed. 2d 111, 1998 U.S. LEXIS 3879 (1998).

524 U.S. 125 (Muscarello v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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