United States v. Bailey

In United States v. Bailey, 116 S.Ct. 501 (1995), the Supreme Court held that the term "use" in the statute requires evidence sufficient to show an active employment of the firearm by the defendant. Applying this test, the Supreme Court concluded that having a weapon in the locked trunk of one's car was insufficient to support a conviction under 924(c). In United States v. Bailey, 116 S. Ct. 501 (1995), the Supreme Court held that "use" under 18 U.S.C. Section 924(c)(1) requires a showing of active employment by the defendant. 116 S. Ct. at 505. The Court defined active employment as including "brandishing, displaying, bartering, striking with, and most obviously, firing or attempting to fire, a firearm." Id. at 508. The Court further noted that "a reference to a firearm calculated to bring about a change in the circumstances of the predicate offense is a `use,' just as the silent but obvious and forceful presence of a gun on a table can be a `use.' " Id. In contrast, when the Supreme Court discussed the "mere presence" of guns, it described the presence of guns in a nearby closet for the purpose of providing a sense of security and/or emboldening a defendant. Id. at 508. To the Court, this latter situation evidenced storage and not active employment. Id.