As seen on:
1610 Southern Blvd.
West Palm Beach, FL
Board Certified Criminal Trial Specialist
Carrying a firearm is illegal under 18 USC 924( c). This statute makes it illegal to carry or possess a firearm in furtherance of a crime of violence or a drug trafficking crime. A defendant may be convicted of this crime if the gun is placed in the glove compartment or under the floor mat of a car from which drugs were distributed.
Also, a conviction will stand if a gun in carried to a place where an illegal drug transaction will take place. However, a gun that is found in close proximity to drugs does not satisfy the “carry” element of this statute. However, if a gun is found in a car that has a enough drugs to constitute a distribution, there is no requirement that the prosecution show more evidence that a drug deal was imminent or in progress. Also, in Smith v. United States, the court determined selling a gun and drugs satisfied the “carrying” element regarding the drug offense.