News (Media Awareness Project) - US: Gun-Carrying Penalty For Traffickers Upheld |
Title: | US: Gun-Carrying Penalty For Traffickers Upheld |
Published On: | 1998-06-09 |
Fetched On: | 2008-09-07 08:44:36 |
Courts: The justices decide,5-4, that the weapon doesn't have to be ready
for use, merely present. Thousands will be affected.
The Supreme Court on Monday handed a 5-4 victory to federal prosecutors by
broadly interpreting a federal law that adds five years to the prison term
of a defendant who "carries a firearm" while trafficking in drugs.
Writing for the majority, Justice Stephen Breyer said the law applies to
traffickers who knowingly transport a gun in a vehicle, even if it is kept
in a locked glove compartment or trunk. In its ordinary sense, the word
"carry" includes conveying something in a car, whether it is "a gun, a
suitcase, or a banana," Breyer said.
Ruth Bader Ginsburg, William Rehnquist, Antonin Scalia and David Souter
dissented, insisting that carrying a firearm means having it "ready for use
as a weapon."
The decision, which will affect thousands of defendants accused each year
of violating the gun carrying law, was a defeat for Frank Muscarello, a
71-year-old former police chief who had a handgun in the locked glove
compartment of his truck when he delivered eight pounds of marijuana to
federal undercover agents in Louisiana in 1994.
for use, merely present. Thousands will be affected.
The Supreme Court on Monday handed a 5-4 victory to federal prosecutors by
broadly interpreting a federal law that adds five years to the prison term
of a defendant who "carries a firearm" while trafficking in drugs.
Writing for the majority, Justice Stephen Breyer said the law applies to
traffickers who knowingly transport a gun in a vehicle, even if it is kept
in a locked glove compartment or trunk. In its ordinary sense, the word
"carry" includes conveying something in a car, whether it is "a gun, a
suitcase, or a banana," Breyer said.
Ruth Bader Ginsburg, William Rehnquist, Antonin Scalia and David Souter
dissented, insisting that carrying a firearm means having it "ready for use
as a weapon."
The decision, which will affect thousands of defendants accused each year
of violating the gun carrying law, was a defeat for Frank Muscarello, a
71-year-old former police chief who had a handgun in the locked glove
compartment of his truck when he delivered eight pounds of marijuana to
federal undercover agents in Louisiana in 1994.
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