frank muscarello argued march decided june held phrase carries firearm applies person knowingly possesses conveys firearms vehicle including locked glove compartment trunk car person accompanies pp matter ordinary english one carry firearms wagon car truck vehicle one accompanies word first basic meaning dictionaries word origin make clear carry includes conveying vehicle greatest writers used carry meaning modern press contrary arguments petitioners dissent linguistic reason think congress intended limit word secondary meaning suggests support rather movement transportation example column carries weight arch given word ordinary meaning surprising federal circuit courts unanimously concluded carry limited carrying weapons together cleveland et al certiorari appeals first circuit rectly person include carriage car pp neither statute basic combat dangerous combination drugs guns smith legislative history supports circumscribing scope word carry applying person limitation pp petitioners remaining arguments definition adopted obliterates statutory distinction carry transport word used provisions firearms section code anomalous construe carry broadly related phrase uses firearm construed narrowly include active employment firearm bailey reading statute extend coverage passengers buses trains ships placed firearm say checked luggage rule lenity apply statutory unconvincing pp affirmed reyer delivered opinion tevens onnor ennedy homas joined insburg filed dissenting opinion ehnquist calia outer joined notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press nos writ certiorari appeals fifth circuit donald cleveland enrique santana petitioners writ certiorari appeals first circuit june justice breyer delivered opinion provision firearms chapter federal criminal code imposes mandatory prison term upon person uses carries firearm relation drug trafficking crime question us whether phrase carries firearm limited carrying firearms person hold limited rather also applies person knowingly possesses conveys firearms vehicle including locked glove compartment trunk car person accompanies question arises two cases consolidated argument defendant first case frank muscarello unlawfully sold marijuana carried truck place sale police officers found handgun locked truck glove compartment plea proceedings muscarello admitted carried gun protection relation drug offense app though later claimed contrary added event carr ying gun glove compartment fall within scope statutory word carries app pet cert defendants second case donald cleveland enrique placed several guns bag put bag trunk car traveled car proposed point intended steal drugs sellers federal agents scene stopped searched cars found guns drugs arrested cases courts appeals found defendants carrie guns relation drug trafficking offense granted certiorari determine whether fact guns found locked glove compartment trunk car precludes application conclude ii begin statute language parties vigorously contest ordinary english meaning phrase carries firearm essentially agree congress intended phrase convey ordinary special legal meaning argue linguistic point length looked matter usual depth although word carry many different meanings two relevant one uses word first primary meaning one matter ordinary english carry firearms wagon car truck vehicle one accompanies one uses word different rather special way mean example bearing slang packing packing gun matter less clear reasons shall set believe congress intended use word primary sense latter special way consider first word primary meaning oxford english dictionary gives first definition convey originally cart wagon hence vehicle ship horseback etc oxford english dictionary ed see also webster third new international dictionary first definition move supporting vehicle one hands arms random house dictionary english language unabridged ed first definition take support one place another convey transport origin word carries explains first basic meaning word carry includes conveyance vehicle see barnhart dictionary etymology tracing word latin carum means car cart oxford english dictionary supra tracing word old french carier late latin carricare meant convey car oxford dictionary english etymology onions ed barnhart dictionary etymology supra explaining term car used refer automobile since greatest writers used word meaning see king james bible kings servants carried chariot jerusalem id isaiah hey carry riches upon shoulders young asses robinson crusoe says ith boat carry away every thing defoe robinson crusoe crowley ed owners queequeg ship melville writes lent wheelbarrow carry heavy chest boardinghouse melville moby dick chicago spoken carrying drugs car trunk california acevedo florida jimeno examples speak directly carrying guns nothing linguistically special fact weapons rather drugs carried robinson crusoe might carried gun boat queequeg might borrowed wheelbarrow carry chest harpoon make certain special ordinary english restriction unmentioned dictionaries upon use carry respect guns surveyed modern press usage albeit crudely searching computerized newspaper new york times database us news database westlaw looked sentences words carry vehicle weapon variations thereof appear found thousands sentences random sampling suggests many perhaps one third sentences used convey meaning issue carrying guns car new york times example writes excon arrives home driving stolen car carrying load handguns mar section official peace officer carries shotgun boat june section cf new york times manual style usage desk book guidelines writers editors forword jordan rev ed restricting times journalists editors use proper english boston globe refers arrest professional baseball player carrying semiloaded automatic weapon car colorado springs gazette telegraph speaks one russell carries gun hidden car may arkansas gazette refers house searched effort find items carried car guns mar san diego asks carry guns aboard boats consider different somewhat special meaning word carry meaning upon linguistic arguments petitioners dissent must rest oxford english dictionary definition carry bear wear hold sustain one moves habitually bear one oxford english dictionary supra webster defines carry move supporting vehicle also one hands arms webster third new international dictionary supra black law dictionary defines entire phrase carry arms weapons wear bear carry upon person clothing pocket purpose use purpose armed ready offensive defensive action case conflict another person special definitions however purport limit carrying arms circumstances describe one doubts one bears arms person carries weapon say deny one may also carry weapon tied saddle horse placed bag car linguistic reason think congress intended limit word carries statute special definitions contrary special definitions embody form important secondary meaning carry meaning suggests support rather movement transportation example column carries weight arch oxford english dictionary supra sense gangster might carry gun colloquial language might pack gun even though move chair difficult believe however congress intended limit statutory word definitionimposing special punishment upon comatose gangster ignoring drug lords drive sale carrying arsenal weapons van recognize dissent emphasizes word carry meanings well meanings carry knew carries colours see post relevant fact speakers often add phrase carry gun words car greater relevance fact millions americans see muscarello carry gun car relevant linguistic facts word carry ordinary sense includes carrying car word used ordinary sense keeps meaning whether one carries gun suitcase banana given ordinary meaning word carry surprising find federal circuit courts appeals unanimously concluded carry limited carrying weapons directly person include carriage car toms cadc foster eyer case case mal cuit rehearing en banc granted mitchell molina willis miller overruled grounds holland giraldo farris explore deeply purely legal question whether congress intended use word carry ordinary sense whether intended limit scope phrase instances gun carried person conclude neither statute basic purpose legislative history support circumscribing scope word carry applying person limitation described statute basic purpose broadly effort combat dangerous combination drugs guns smith provision chief legislative sponsor said provision seeks persuade man tempted commit federal felony leave gun home cong rec poff see busic describing poff comments crucial material interpreting purpose simpson concluding poff comments clearly probative certainly entitled weight see also cong rec statutes apply man goes taking gun commit crime hunt id course trying penalties persuade criminal leave gun home randall id concerned criminal leave gun home meskill perspective purpose persuading criminal leave gun home sense make statute penalize one walks gun bag site drug sale ignore similar individual like defendant travels similar site similar gun similar bag instead walking drives gun car persuasive punishment without effect drug dealer brought gun sale indeed available use actually takes trunk unlocks glove compartment car difficult say considered class prepare say sell drugs placing guns cars less dangerous less deserving punishment carry handguns person found significant indication elsewhere legislative history narrowly focused relevant purpose found instance legislator referred statute applicable individual firearm person ibid meskill instance legislator speaks criminal takes gun hand id pucinski reference senate report gun carried pocket rep see also cong rec references gun carrying without instances one purports define scope term carries examples guns carried person used illustrate reach term carries illustrate criticize different aspect statute regardless instances legislators suggest word carries broader scope one legislator indicates statute responds part concerns law enforcement personnel urged carry ing short firearms motor vehicles classified carrying weapons concealed may another criticizes version proposed statute suggesting might apply drunken driving gives example drunken driver gun car id yates others describe statute criminalizing gun possession term stretch beyond use gun carrying gun person see id casey id meskill id collier id skubitz convinced petitioners remaining arguments contrary first say definition carry makes equivalent transport yet congress elsewhere related statutes used word transport deliberately signify different broader statutory coverage immediately preceding statutory subsection example imposes different set penalties one intent commit crime ships transports receives firearm interstate commerce moreover specifically entitle person otherwise prohibited transporting shipping receiving firearm transport firearm place may lawfully possess carry place may petitioners ask congress used word transport used carry transport provision intended obliterate distinction two short answer definition equate carry transport carry implies personal agency degree possession whereas transport limited connotation addition implies movement goods bulk great distances see webster third new international dictionary noting carry means moving location distance away supporting maintaining ground natural word use ref cargoes loads trucks wagons planes ships even beasts burden transport refers carriage bulk number appreciable distance typically customary usual carrier agency see also webster dictionary synonyms smith example calls parcel delivery service sends truck smith house pick smith package take los angeles one might say smith shipped package parcel delivery service transported package truck driver carried package sense carry believe congress intended therefore transport broader category includes carry also encompasses activity dissent refers another statute congress used word transport rather carry describe movement firearms post according dissent congress intended carry meaning give congress needed use different word provisions discussed believe word transport broader word carry congress intended carry limited definition dissent contends quite unnecessary add proviso requiring person exempt penalties store firearm locked container immediately accessible see quoted full post exempting criminal penalties one transports firearm place may lawfully possess carry firearm exempting transportation firearm readily accessible directly accessible passenger compartment transporting vehicle statute simply said person may carry firearm course congress say carry means interpret statutory scheme makes sense congress imposed variable penalty mandatory minimum sentence upon person transports ships receives firearm knowing used commit offense punishable imprisonment one year imposed mandatory minimum sentence upon one carries firearm relation drug trafficking crime first subsection imposes less strict sentencing regime upon one say ships firearms mail use crime elsewhere latter subsection imposes mandatory sentence upon one say brings weapon person car site drug sale second petitioners point bailey considered related phrase uses firearm found statutory provision us see uses carries firearm construed term use narrowly limiting application active employment firearm bailey petitioners argue anomalous construe broadly word carries statutory neighbor bailey however limited use firearm active employment part assumed congress intended term particular nonsuperfluous meaning id broader interpretation use said swallowed term carry ibid carry interpret word swallow term use use retains independent meaning found bailey provided examples involving displaying barter ing gun ibid carry also retains independent meaning bailey carrying gun car necessarily involve gun active employment importantly construed use narrowly bailey also construe carry narrowly without undercutting statute basic objective narrow interpretation remove act carrying gun car entirely statute reach leaving gap coverage believe congress intended third petitioners say reading statute extend coverage passengers buses trains ships placed firearm say checked luggage extend statute far argue unfair going well beyond congress likely thought possible add lower courts thinking approximately limited scope carries instances gun car immediately accessible thereby likely excluding coverage gun carried car trunk locked glove compartment see foster concluding person carries firearm car firearm immediately accessible giraldo view argument take adequate account limiting words make statute applicable defendant carries gun relation drug crime emphasis added congress added words part prevent prosecution guns played part crime see cf stewart kennedy observing relation added allay explicitly concern person prosecuted committing entirely unrelated crime possession firearm overruled part grounds hernandez one takes account words relation longer seems beyond congress likely intent otherwise unfair interpret statute done one carries gun car relation drug sale example fact gun carried car trunk locked glove compartment seems logically difficult distinguish immediately accessible gun also beside point time narrow interpretation creates anomalies statute example defines firearm include bomb grenade rocket propellant charge four ounces missile explosive incendiary charge onequarter ounce device explosive incendiary delivers poison gas petitioners reading carry provision apply instances drug lords engaged major transaction took firearms likely carried person fourth petitioners argue construe word carry mean immediately accessible said point several circuit courts appeals limited statute scope way see foster supra giraldo supra interpretation however difficult square statute language one carries gun glove compartment whether glove compartment locked nothing statute history suggests congress intended limitation reasons pointed see supra believe words relation limit statute application harms congress foresaw finally petitioners dissent invoke rule lenity simple existence statutory ambiguity however sufficient warrant application rule statutes ambiguous degree cf smith mere possibility articulating narrower construction make rule lenity applicable rule lenity applies seizing everything aid derived make guess congress intended wells quoting reno koray smith supra ladner invoke rule must conclude ambiguity uncertainty statute staples quoting chapman certainly decision today based much guess congress intended grievous ambiguity problem statutory interpretation case indeed different many criminal cases confront us yet never held rule lenity automatically permits defendant win sum generally accepted contemporary meaning word carry includes carrying firearm vehicle purpose statute warrants application circumstances limiting phrase relation prevent misuse statute penalize whose conduct create risks harm statute aims reasons conclude petitioners conduct falls within scope phrase carries firearm decisions courts appeals affirmed ordered nos writ certiorari appeals fifth circuit donald cleveland enrique santana petitioners writ certiorari appeals first circuit june justice ginsburg chief justice justice scalia justice souter join dissenting section title code provision imposes mandatory prison term defendant relation crime violence drug trafficking uses carries firearm bailey held term uses context means active employment firearm today cases confront related question term carries mean context enhanced punishment prescription issue uncontested applies defendant bears firearm carries weapon person purpose armed ready offensive defensive action case conflict black law dictionary ed defining phrase carry arms weapons see ante holds addition carries firearm context means personally transporting possessing keeping firearm vehicle anyplace vehicle without doubt carries word many meanings definable mean include carting vehicle encompassing definition ubiquitously necessary one judgment proper construction carries term appears line bailey principle lenity long followed confine carries firearm purposes undoubted meaning expression relevant context read words indicate merely keeping arms one premises one vehicle bearing manner ready use weapon note first stake petitioners question whether possession gun drug offender premises car relation commission offense means longer sentence convicted drug dealer certainly rather question concerns sentencing statute governs precise length extra term punishment blunt minimum sentence finely tuned sentencing guideline statutes extra punishment gun possession varies seriousness drug crime mcfadden breyer dissenting accordingly gap see ante relevant conduct ignore see ante reject government broad reading specific cogently explained another day today opinion writer special minimum sentencing statute says anyone uses carries gun relation drug trafficking crime must receive mandatory prison term added drug crime sentence time sentencing guidelines promulgated authority different statute provide sentence enhancement possessed drug offender unless possession clearly drug offense muscarello case example underlying drug crimes involved distribution kilograms marijuana therefore carried base offense level see sentencing commission guidelines manual adjusting muscarello acceptance responsibility see final offense level placing month sentencing range see ch pt enhancement possessing firearm increased final offense level sentencing range months words less rigid tailored seriousness drug crime mcfadden guidelines regime added four months muscarello prison time contrast minimum addition reading mandates sum drug traffickers receive significantly longer sentences caught travelling vehicles placed firearms question divides concerns proper reference enhancement cases hand guidelines unlike think dictionaries surveys press reports bible tell us dispositively carries means embedded definitions carry legal formulations mean inter alia transport possess stock prolong carry infectious wear bear one person issue carries large carries firearm computer search newspapers revealing light carrying guns car showed meaning perhaps one third time ante one left wonder meaning showed two thirds time surely familiar meaning constitution second amendment keep bear arms emphasis added black law dictionary indicate wear bear carry upon person clothing pocket purpose armed ready offensive defensive action case conflict another person lessons literature scan bartlett quotation collections shows highly selective choices see ante greatest writers used carry mean convey transport vehicle used word mean inter alia carry one hand arms head heart soul sans vehicle consider among countless examples shall gather lambs arm carry bosom still gaz still wonder grew one small head carry knew noting paradoxical statement use gun protect house never use bailey emphasized importance statutory context uses read mean simply possession active employment carries correspondingly properly read signal dangerous gun hand ready use weapon reasonable comprehend congress provided mandatory minimums lifejeopardizing cases guns defendant hand committing offense leaving less imminently threatening situations flexible guidelines regime ninth circuit suggested apparent possession gun drug dealer moving vehicle thought dangerous gun possession premises drugs sold drug dealer packs heat likely hurt someone provoke someone else violence gun bag tarp truck bed bedroom closet poses substantially less risk foster en banc indicators congress appropriate consider word usage provisions title chapter firearms see bailey interpreting light however derive statutory complex issue thesis arry implies personal agency degree possession whereas limited connotation addition implies movement goods bulk great distances ante looking provisions congress enacted one finds legislature acknowledge routinely adhere distinction advances today instead congress sometimes employed transports according carries right word use section example provides criminal sanction shall attend transportation firearm ammunition carried enable person lawfully received firearm ammunition secretary army engage military training competitions full text rather truncated version presents see ante also telling notwithstanding provision law rule regulation state political subdivision thereof person otherwise prohibited chapter transporting shipping receiving firearm shall entitled transport firearm lawful purpose place may lawfully possess carry firearm place may lawfully possess carry firearm transportation ammunition transported readily accessible directly accessible passenger compartment transporting vehicle provided case vehicle without compartment separate driver compartment firearm nition shall contained locked container glove compartment console describing person may travel vehicle contains firearm without violating law use transport carry impl personal agency degree possession see ante reading carries mean one person fully compatible firearms statutes example one carry gun car transport shooting competition use shoot targets conditions one transport gun car circumstances gun readily accessible travels car ourts normally try read language different related statutes best reconcile statutes light purposes common sense mcfadden breyer dissenting reading firearms statutes extend word carries mean transports hand reach vehicle ii section foregoing discussion details decisively clear one way another sharp division proper reading measure confirms least issue subject doubt circumstances adhere familiar rule ambiguity criminal statute doubts resolved favor defendant adamo wrecking citation omitted see granderson text structure history fail establish government position unambiguously apply rule lenity resolve ambiguity defendant carry bears many meanings firearms statutes demonstrate narrower one person interpretation hardly implausible odds accepted meaning carries firearm overlooking enhanced sentence drug dealer event see supra asks rhetorically persuasive punishment without effect drug dealer brought gun sale indeed available use actually takes trunk unlocks glove compartment car ante correspondingly defines carries firearm cover person knowingly possesses conveys firearms anyplace vehicle person accompanies ante congress however hardly lacks competence select words possesses conveys legislature means notably view legislature capacity speak plainly overriding concern inquiry pays scant attention core reason rule lenity ecause seriousness criminal penalties criminal punishment usually represents moral condemnation community legislatures courts define criminal activity policy embodies instinctive distaste men languishing prison unless lawmaker clearly said bass quoting friendly justice frankfurter reading statutes benchmarks narrower one person construction carries firearm consistent construction uses bailey entail immediacy element respects guidelines system resisting overbroad readings statutes deviate system see mcfadden breyer dissenting fits plausibly provisions firearms chapter adheres principle given two readings penal provision consistent statutory text choose harsher construction view leave congress speak language clear definite legislature wishes impose sterner penalty bass quoting universal credit accordingly reverse judgments first fifth circuits notes sentencing guidelines carry major congressional effort create fairly sophisticated system distinguishes among different kinds criminal behavior punishes accordingly mcfadden breyer dissenting mandatory minimum statute deviates general regime congress installed given importance congress guidelines system courts take care interpret unnecessary breadth deviations basic effort rationalize sentencing id note however legal dictionary cites black law dictionary defines carry arms weapons restrictively see ante supra many newspapers new york times among published stories using transport rather carry describe gun placements resembling petitioners see atlanta constitution house members last week expanded gun laws allowing weapons carried restaurants transported anywhere cars chicago tribune june sports section disabled hunters permission hunt standing vehicle able transport shotgun vehicle long gun unloaded breech open colorado springs gazette telegraph british gun laws require locked steel cases bolted onto car transporting guns home shooting range detroit news unlawful carry afield transport rifle shotgun buckshot slug ball loads cut shells possession except traveling directly deer camp target range firearm readily available vehicle occupants times july gun supposed transported unloaded locked box trunk santa rosa press democrat police volunteers ask participants transport guns fairgrounds trunks cars worcester telegram gazette july one gun turned per person guns transported vehicle locked trunk emphasis added quotations translator good book appears bore responsibility determining whether servants ahaziah carried corpse jerusalem compare ante new english bible kings servants conveyed body jerusalem saint joseph edition new american bible servants brought chariot jerusalem tanakh holy scriptures servants conveyed chariot jerusalem see also isaiah convey wealth backs asses new jerusalem bible hey bear riches donkeys backs emphasis added quotations dictionary referred bailey contains discrete definitions carry including make good valid bear aspect even bear hawk fist see webster new international dictionary english language ed popular films television productions provide corroborative illustrations magnificent seven example played charles bronson says think brave carry gun well fathers much braver carry responsibility brothers sisters mothers see http television series hawkeye pierce played alan alda presciently proclaims carry gun carry books carry torch carry tune carry carry carry forward cary grant cash carry carry back old virginia even show carry gun see http view government carry burden proving firearm kept close person approximate placement pocket holster guns carried one side briefcase handbag strapped saddle horse see ante reports courts appeals unanimously concluded limited carrying weapons directly person ante bailey however government argument based similar observation carry day see brief bailey nos appeals previously adopted active employment construction uses firearm yet exactly see firearms statutes indicate congress unlike ante recognizes gun hand indeed dangerous gun trunk see permitting transportation firearms vehicle neither firearm ammunition transported readily accessible directly accessible passenger compartment transporting vehicle see infra asserts broader category includes encompasses activity ante carry however merely subset transport person seated desk gun hand pocket carrying gun transporting yes words carry transport often employed interchangeably words carry use bailey settled constructions gave carry use independent meanings see bailey without doubt congress alert discrete meanings transport carry context vehicles legislature placement word illustrates narrower reading carry preserves discrete meanings two words context vehicles interpretation carry altogether synonymous transport tellingly referring firearms traveling vehicles firearms statutes routinely use form transport never use form carry see infra nn government points numerous federal statutes authorize law enforcement officers carry firearms notes authorizing provisions carry course means person vehicle brief quite right viewers sesame street quickly recognize one things statute authorizing conduct like statute criminalizing conduct authorizing statutes question properly accorded construction compatible clear purpose legislation aid federal law enforcers performance official duties fundamental however penal statute construed generously government favor see bass places undue reliance representative poff statement seeks persuade man tempted commit federal felony leave gun home see ante quoting cong rec government argued brief bailey making statement representative poff referring prong original section originally enacted prong statute prohibited carrying firearm committing offense statute thus applied individual instance permit carrying gun carried committing offense force individual leave gun home instead representative poff referring prong original section brief bailey nos representative poff next sentence confirms speaking uses carries person understand uses gun caught convicted going jail cong emphasis added doubt score dispelled examining provisions firearms chapter addition include form word carry carry bequest ii iii carry subsection carry away firearm ii supp carry otherwise possess discharge otherwise use handgun carrying firearm carried enable person carry provisions chapter lawfully possess carry firearm place may lawfully possess carry firearm uses carries firearm possession armor piercing ammunition lawful carrying firearms federal facility incident hunting lawful purposes emphasis added quotations see ii supp person sold handgun juvenile knowing juvenile intended carry otherwise possess handgun commission crime violence may lawfully possess carry firearm place may lawfully possess carry firearm uses carries firearm possession armor piercing ammunition brings carries possesses dangerous weapon emphasis added quotations