Muscarello v. United States, 524 U.S. 125, 25 (1998)

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Cite as: 524 U. S. 125 (1998)

Ginsburg, J., dissenting

ings, as the Court and the "Firearms" statutes demonstrate.13 The narrower "on or about [one's] person" interpretation is hardly implausible nor at odds with an accepted meaning of "carries a firearm."

Overlooking that there will be an enhanced sentence for the gun-possessing drug dealer in any event, see supra, at 140-142, the Court asks rhetorically: "How persuasive is a punishment that is without effect until a drug dealer who has brought his gun to a sale (indeed has it available for use) actually takes it from the trunk (or unlocks the glove compartment) of his car?" Ante, at 133. Correspondingly, the Court defines "carries a firearm" to cover "a person who knowingly possesses and conveys firearms [anyplace] in a vehicle . . . which the person accompanies." Ante, at 126-127. Congress, however, hardly lacks competence to select the words "possesses" or "conveys" when that is what the Legislature means.14 Notably in view of the Legislature's capacity to speak plainly, and of overriding concern, the Court's inquiry

13 Any doubt on that score is dispelled by examining the provisions in the "Firearms" chapter, in addition to § 924(c)(1), that include a form of the word "carry": 18 U. S. C. § 922(a)(5) ("carry out a bequest"); §§ 922(s)(6)(B)(ii), (iii) ("carry out this subsection"); § 922(u) ("carry away [a firearm]"); 18 U. S. C. § 924(a)(6)(B)(ii) (1994 ed., Supp. II) ("carry or otherwise possess or discharge or otherwise use [a] handgun"); 18 U. S. C. § 924(e)(2)(B) ("carrying of a firearm"); § 925(a)(2) ("carried out to enable a person"); § 926(a) ("carry out the provisions of this chapter"); § 926A ("lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm"); § 929(a)(1) ("uses or carries a firearm and is in possession of armor piercing ammunition"); § 930(d)(3) ("lawful carrying of firearms . . . in a Federal facility incident to hunting or other lawful purposes") (emphasis added in all quotations).

14 See, e. g., 18 U. S. C. § 924(a)(6)(B)(ii) (1994 ed., Supp. II) ("if the person sold . . . a handgun . . . to a juvenile knowing . . . that the juvenile intended to carry or otherwise possess . . . the handgun . . . in the commission of a crime of violence"); 18 U. S. C. § 926A ("may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm"); § 929(a)(1) ("uses or carries a firearm and is in possession of armor piercing ammunition"); § 2277 ("brings, carries, or possesses any dangerous weapon") (emphasis added in all quotations).

149

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