Using or Carrying and Possessing a Firearm in Furtherance of a Violent Crime or Drug-Trafficking Crime

• Category: Federal - Jury Instructions - 11th Circuit - Criminal
• State: Multi-State
• Control #: US-JURY-11THCIR-O35-4-CR
• Format: Word

Description

Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions Using or Carrying and Possessing a Firearm in Furtherance of a Violent Crime or Drug-Trafficking Crime is a federal offense in the United States. This offense is punishable under 18 U.S. Code § 924(c)(1). This crime is often referred to as the “924(c) offense.” Under this law, it is illegal to use, carry, or possess a firearm during the commission of a violent crime or drug-trafficking crime. The term “use” means that the firearm must be actively employed by the perpetrator, such as shooting or pointing it at another person. The term “carry” means that the firearm must be transported on the person or in the immediate vicinity of the perpetrator. The term “possess” means that the perpetrator must have actual or constructive possession of the firearm. There are three types of Using or Carrying and Possessing a Firearm in Furtherance of a Violent Crime or Drug-Trafficking Crime: (1) using a firearm in furtherance of a violent crime; (2) carrying a firearm in furtherance of a violent crime; and (3) possessing a firearm in furtherance of a drug-trafficking crime. For a conviction of this crime, the government must prove that the firearm was actually used, carried, or possessed in furtherance of a violent crime or drug-trafficking crime. The penalty for this offense is a minimum sentence of five years in prison, with a maximum sentence of life in prison.

Using or Carrying and Possessing a Firearm in Furtherance of a Violent Crime or Drug-Trafficking Crime is a federal offense in the United States. This offense is punishable under 18 U.S. Code § 924(c)(1). This crime is often referred to as the “924(c) offense.” Under this law, it is illegal to use, carry, or possess a firearm during the commission of a violent crime or drug-trafficking crime. The term “use” means that the firearm must be actively employed by the perpetrator, such as shooting or pointing it at another person. The term “carry” means that the firearm must be transported on the person or in the immediate vicinity of the perpetrator. The term “possess” means that the perpetrator must have actual or constructive possession of the firearm. There are three types of Using or Carrying and Possessing a Firearm in Furtherance of a Violent Crime or Drug-Trafficking Crime: (1) using a firearm in furtherance of a violent crime; (2) carrying a firearm in furtherance of a violent crime; and (3) possessing a firearm in furtherance of a drug-trafficking crime. For a conviction of this crime, the government must prove that the firearm was actually used, carried, or possessed in furtherance of a violent crime or drug-trafficking crime. The penalty for this offense is a minimum sentence of five years in prison, with a maximum sentence of life in prison.