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Federal- Carrying/Possessing a Firearm During or in Furtherance of a Drug Offense

Statute
18 USC 924(c)(1). Carrying/Possessing a Firearm During or in Furtherance of Drug Trafficking Offense or Crime of Violence

(c)
(1)
(A) Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime—

  1. be sentenced to a term of imprisonment of not less than 5 years;
  2. if the firearm is brandished, be sentenced to a term of imprisonment of not less than 7 years; and
  3. if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years.

Jury Instruction
The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

  1. That the Defendant committed the drug trafficking offense or crime of violence charged in the indictment;
  2. That during the commission of that offense the Defendant knowingly carried or possessed a firearm, as charged; and
  3. That the Defendant carried the firearm “in relation to” the or possessed the firearm “in furtherance of” the drug trafficking offense or crime of violence.

The term “firearm” means any weapon which is designed to, or may readily be converted to, expel a projectile by the action of an explosive; and the term includes the frame or receiver or any such weapon or any firearm muffler or firearm silencer.

To “carry” or “possess” a firearm means that the Defendant either had a firearm on or around his or her person or transported, conveyed, or controlled a firearm in which a way that it was available for immediate use if Defendant so desired during the commission of the drug trafficking offense or crime of violence; and to carry a firearm “ in relation to” an offense means that there must be a connection between the Defendant, the firearm, and the drug trafficking offense or crime of violence so that the presence of the firearm was not accidental or coincidental, but facilitated the crime by serving some important function or purpose of the criminal activity. To possess a firearm “in furtherance” of an offense means something more than mere presence of a firearm; it must be shown that the firearm helped, furthered, promoted or advanced the offense in some way.