BAILEY ALDRICH, Senior Circuit Judge.
Defendant was indicted in two counts: Count One, “On or about February 26, 1991, at Boston ... defendant herein did knowingly and intentionally possess with intent to distribute ... cocaine ... in violation of Title 21, United States Code, Section 841(a)(1).” Count Two, “On or about February 26, 1991, at Boston ... defendant herein did knowingly and intentionally use a firearm ... during and in relation to the drug trafficking crime alleged in Count One of this Indictment ... in violation of Title 18, United States Code, Section 924(c).” A jury found him guilty on both counts. The court sentenced him to 21 months on Count One, including points for possession of a firearm under Sentencing Guidelines.1 It ordered an acquittal on Count Two. From this the government appeals. Defendant appeals in other respects. The only error we find is the acquittal. We start there.
Section 924(c) provides, “Whoever during and in relation to any crime of violence or drug trafficking crime ... uses or carries a firearm” shall receive a mandatory sentence of five years, to be served on and after the sentence for the principal offense. The seriousness with which Congress viewed this conduct is emphasized by the fact that it denied parole at a time when parole was ordinarily available as a matter of course. If this may suggest apprehension of violence (see also §§ 924(c)(2) and (3)), the Court has not so restricted the statute. Smith v. United States, — U.S. -, 113 S.Ct. 2050, 124 L.Ed.2d 138 (1993) (gun bartered for drugs constitutes “use” in relation to drug trafficking).
Before discussing the statute farther, we review the facts in the light, of course, most favorable to the government. United States v. McNatt, 813 F.2d 499, 502 (1st Cir.1987). [465]*465Defendant, an 18 year old student, dealt in “twenties,” $20 single packs of crack cocaine.2 On February 26, 1991, two undercover officers, armed with a warrant, rang the downstairs doorbell to his apartment, and asked for two twenties. Defendant brought down two from his room and the transaction, con-cededly, all took place in the foyer. As an officer sought thereafter to seize him, declaring his identity, defendant fled upstairs, locking his door. The officers broke down the door and conducted a search. This revealed their marked money under his mattress, together with an unloaded shotgun. Under the bed, in a container, were more money and packs. Was this use of the gun “in relation to the crime”?
That the gun was unloaded, and no ammunition found, could be evidence in defendant’s favor, but unloaded guns can be used aggressively. McLaughlin v. United States, 476 U.S. 16, 17-18, 106 S.Ct. 1677, 1678, 90 L.Ed.2d 16 (1986) (unloaded gun is “dangerous weapon” for purposes of 18 U.S.C. § 2113(d)). Nor would use be rebutted by lack of ownership. See United States v. Wight, 968 F.2d 1393 (1st Cir.1992). The jury, further, could reject defendant’s claim that the gun belonged to his sister’s former boyfriend, and that he was merely hiding it from his nephews. While mere possession is not a crime, the government properly asked the jury, why did he keep it?
We agree with defendant that the word “uses” calls for something more than “possesses.” We may further agree that in defendant’s transaction with the officers he did not use the gun, and had no intent to. The difficulty is that the drug trafficking crime, as defined in 21 U.S.C. § 841(a)(1), with which he was charged was possession with intent, not the sale. We have held that mere presence of arms for the protection of drugs for sale is present use. United States v. Wilkinson, 926 F.2d 22 (1st Cir.) (guns in duffel bag with cocaine), cert. denied, — U.S. -, 111 S.Ct. 2813, 115 L.Ed.2d 985 (1991); United States v. Hadfield, 918 F.2d 987 (1st Cir.1990) (guns on the drug premises), cert. denied, — U.S. -, 111 S.Ct. 2062, 114 L.Ed.2d 466 (1991). Wilkinson’s taking guns with the drugs to someone else’s house would seem active use. And it is true that defendant Hadfield publicly advertised that he had guns, clearly a present use as a deterrent. However, we based our opinion broadly, on simple presence for protection, the maintenance of a “fortress.”
It could be said that mere maintenance of a secret fortress is not a present use, but is an intent regarding possible future use. However, we did not, and the majority of the circuits do not, draw that distinction. See United States v. Wesley, 990 F.2d 360, 365 (8th Cir.1993) (“presence and ready availability of a firearm at a house where drugs are dealt” is sufficient); United States v. Young-Bey, 893 F.2d 178, 181 (8th Cir.1990) (presence and availability crucial), cited with approval in Hadfield and Wilkinson; United States v. Hager, 969 F.2d 883, 889 (10th Cir.) (following Hadfield), cert. denied, — U.S. -, 113 S.Ct. 437, 121 L.Ed.2d 357 (1992); United States v. Torres-Medina, 935 F.2d 1047, 1049-50 (9th Cir.1991) (availability sufficient); United States v. Boyd, 885 F.2d 246, 250 (5th Cir.1989) (“It is enough that the firearm was present at the drug-trafficking scene, that the weapon could have been used to protect or facilitate the operation, and that the presence of the weapon was in some way connected with the drug trafficking”), cited with approval in Hadfield and Wilkinson; United States v. Acosta-Cazares, 878 F.2d 945, 952 (6th Cir.) (“We hold that ‘uses’ and ‘carries’ should be construed broadly to cover the gamut of situations where drug traffickers have ready access to weapons with which they secure or enforce their transactions”), cited with approval in Hadfield, cert. denied, 493 U.S. 899, 110 S.Ct. 255, 107 L.Ed.2d 204 (1989). But see United States v. Robinson, 997 F.2d 884 (D.C.Cir.1993); United States v. Derr, 990 F.2d 1330 (D.C.Cir.1993).
There is, of course, a difference between a large quantity of cocaine with a “fortress” of guns, and a $20 dealer with two grams of cocaine and an unloaded shotgun, but it is a [466]*466difference in degree, not in kind. It can not be for the court to control the U.S. Attorney’s use of this truly fortress of a statute; a defendant’s only hope is the U.S. Attorney’s judgment, and the jury. Here he failed.
Alternatively, defendant seeks a new trial. We have examined his several contentions with care, but they require little comment. Defendant’s complaints as to the charge, and to the weight of the evidence, are in accord with his claims on the acquittal, and must fail equally.
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BAILEY ALDRICH, Senior Circuit Judge.
Defendant was indicted in two counts: Count One, “On or about February 26, 1991, at Boston ... defendant herein did knowingly and intentionally possess with intent to distribute ... cocaine ... in violation of Title 21, United States Code, Section 841(a)(1).” Count Two, “On or about February 26, 1991, at Boston ... defendant herein did knowingly and intentionally use a firearm ... during and in relation to the drug trafficking crime alleged in Count One of this Indictment ... in violation of Title 18, United States Code, Section 924(c).” A jury found him guilty on both counts. The court sentenced him to 21 months on Count One, including points for possession of a firearm under Sentencing Guidelines.1 It ordered an acquittal on Count Two. From this the government appeals. Defendant appeals in other respects. The only error we find is the acquittal. We start there.
Section 924(c) provides, “Whoever during and in relation to any crime of violence or drug trafficking crime ... uses or carries a firearm” shall receive a mandatory sentence of five years, to be served on and after the sentence for the principal offense. The seriousness with which Congress viewed this conduct is emphasized by the fact that it denied parole at a time when parole was ordinarily available as a matter of course. If this may suggest apprehension of violence (see also §§ 924(c)(2) and (3)), the Court has not so restricted the statute. Smith v. United States, — U.S. -, 113 S.Ct. 2050, 124 L.Ed.2d 138 (1993) (gun bartered for drugs constitutes “use” in relation to drug trafficking).
Before discussing the statute farther, we review the facts in the light, of course, most favorable to the government. United States v. McNatt, 813 F.2d 499, 502 (1st Cir.1987). [465]*465Defendant, an 18 year old student, dealt in “twenties,” $20 single packs of crack cocaine.2 On February 26, 1991, two undercover officers, armed with a warrant, rang the downstairs doorbell to his apartment, and asked for two twenties. Defendant brought down two from his room and the transaction, con-cededly, all took place in the foyer. As an officer sought thereafter to seize him, declaring his identity, defendant fled upstairs, locking his door. The officers broke down the door and conducted a search. This revealed their marked money under his mattress, together with an unloaded shotgun. Under the bed, in a container, were more money and packs. Was this use of the gun “in relation to the crime”?
That the gun was unloaded, and no ammunition found, could be evidence in defendant’s favor, but unloaded guns can be used aggressively. McLaughlin v. United States, 476 U.S. 16, 17-18, 106 S.Ct. 1677, 1678, 90 L.Ed.2d 16 (1986) (unloaded gun is “dangerous weapon” for purposes of 18 U.S.C. § 2113(d)). Nor would use be rebutted by lack of ownership. See United States v. Wight, 968 F.2d 1393 (1st Cir.1992). The jury, further, could reject defendant’s claim that the gun belonged to his sister’s former boyfriend, and that he was merely hiding it from his nephews. While mere possession is not a crime, the government properly asked the jury, why did he keep it?
We agree with defendant that the word “uses” calls for something more than “possesses.” We may further agree that in defendant’s transaction with the officers he did not use the gun, and had no intent to. The difficulty is that the drug trafficking crime, as defined in 21 U.S.C. § 841(a)(1), with which he was charged was possession with intent, not the sale. We have held that mere presence of arms for the protection of drugs for sale is present use. United States v. Wilkinson, 926 F.2d 22 (1st Cir.) (guns in duffel bag with cocaine), cert. denied, — U.S. -, 111 S.Ct. 2813, 115 L.Ed.2d 985 (1991); United States v. Hadfield, 918 F.2d 987 (1st Cir.1990) (guns on the drug premises), cert. denied, — U.S. -, 111 S.Ct. 2062, 114 L.Ed.2d 466 (1991). Wilkinson’s taking guns with the drugs to someone else’s house would seem active use. And it is true that defendant Hadfield publicly advertised that he had guns, clearly a present use as a deterrent. However, we based our opinion broadly, on simple presence for protection, the maintenance of a “fortress.”
It could be said that mere maintenance of a secret fortress is not a present use, but is an intent regarding possible future use. However, we did not, and the majority of the circuits do not, draw that distinction. See United States v. Wesley, 990 F.2d 360, 365 (8th Cir.1993) (“presence and ready availability of a firearm at a house where drugs are dealt” is sufficient); United States v. Young-Bey, 893 F.2d 178, 181 (8th Cir.1990) (presence and availability crucial), cited with approval in Hadfield and Wilkinson; United States v. Hager, 969 F.2d 883, 889 (10th Cir.) (following Hadfield), cert. denied, — U.S. -, 113 S.Ct. 437, 121 L.Ed.2d 357 (1992); United States v. Torres-Medina, 935 F.2d 1047, 1049-50 (9th Cir.1991) (availability sufficient); United States v. Boyd, 885 F.2d 246, 250 (5th Cir.1989) (“It is enough that the firearm was present at the drug-trafficking scene, that the weapon could have been used to protect or facilitate the operation, and that the presence of the weapon was in some way connected with the drug trafficking”), cited with approval in Hadfield and Wilkinson; United States v. Acosta-Cazares, 878 F.2d 945, 952 (6th Cir.) (“We hold that ‘uses’ and ‘carries’ should be construed broadly to cover the gamut of situations where drug traffickers have ready access to weapons with which they secure or enforce their transactions”), cited with approval in Hadfield, cert. denied, 493 U.S. 899, 110 S.Ct. 255, 107 L.Ed.2d 204 (1989). But see United States v. Robinson, 997 F.2d 884 (D.C.Cir.1993); United States v. Derr, 990 F.2d 1330 (D.C.Cir.1993).
There is, of course, a difference between a large quantity of cocaine with a “fortress” of guns, and a $20 dealer with two grams of cocaine and an unloaded shotgun, but it is a [466]*466difference in degree, not in kind. It can not be for the court to control the U.S. Attorney’s use of this truly fortress of a statute; a defendant’s only hope is the U.S. Attorney’s judgment, and the jury. Here he failed.
Alternatively, defendant seeks a new trial. We have examined his several contentions with care, but they require little comment. Defendant’s complaints as to the charge, and to the weight of the evidence, are in accord with his claims on the acquittal, and must fail equally. The court’s adjustments and failure to adjust the sentence on Count One were, routinely, within its discretion.
A word as to the dissent. We share in approving the flexibility of the Sentencing Guidelines, but we see no give, and no surrender, in this monolith of a statute, on the books for many years and not disturbed when the Guidelines were enacted. Moreover, how does one measure for this? And in what way do our differing facts, on a case by case basis, indicate that we are taking a new approach? Only one gun? Possible lack of title? No ammunition?3 Lack of exhibiting? No instant access? Under our cases none of these failures is fatal. The reason for this is that the difference between mere possession and use is in the mind of the user. United States v. Payero, 888 F.2d 928, 929 (1st Cir.1989) (possession lending courage is use); Wilkinson, 926 F.2d at 25 (“emboldening,” quoting United States v. Stewart, 779 F.2d 538, 540 (9th Cir.1985)); United States v. Castro-Lara, 970 F.2d 976, 983 (1st Cir.1992), cert. denied sub nom Sarraff v. United States, — U.S. -, 113 S.Ct. 2935, 124 L.Ed.2d 684 (1993) (possession with “intent to have it available for possible use”); Wilkinson at 26 (“intended the guns for protection”).
Was the stash too small to make intent more than a theoretical possibility? Even without defendant’s admission, “It’s good protection for anyone in the neighborhood to have a gun in their house also because people get robbed,” we cannot think that $360 in drugs plus $510 in cash, would not warrant a jury’s finding that defendant’s thinking included the gun. The statute does not measure the crime. In light of the accounts we read daily of mayhem over trifles, we adopt what we said in Wilkinson, (and remembering what Wilkinson itself said was “help”), “[U]ltimately, whether or not the gun[ ] helped appellant commit the drug crime is a matter for a jury, applying common-sense theories of human nature and causation.” 926 F.2d at 26. This is not to say that it need “automatically” find it. Nor is it to say that we like the inflexibility of this statute, or the judgment of the United States Attorney in invoking it for such a minor defendant.
The case is remanded to the district court to vacate the acquittal; reinstate the verdict of guilty on Count Two; to sentence on Count Two, and to readjust the sentence on Count One appropriately.