Louisiana Jury Instruction - Carrying - Using Firearm or Weapon In Relation to Drug Trafficking Offense or Crime of Violence
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FAQ
§ 924(c) involve the use or carrying of a firearm during and in relation to a crime of violence or drug trafficking crime, or the possession of a firearm in furtherance of those crimes.
Under 18 U.S.C. Section 924(c) it is a federal offense to possess, brandish, or discharge a firearm during either (a) a drug trafficking crime or (b) a crime of violence. These charges carry stiff mandatory minimum penalties and can result in a sentence of lifetime imprisonment.
(3) The term "firearm" means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device.
The Texas Pattern Jury Charges series is widely accepted by attorneys and judges as the most authoritative guide for drafting questions, instructions, and definitions in a broad variety of cases.
922g ? felon in possession of a firearm.
§ 924(c). [1] Offenses under 18 U.S.C. § 924(c) involve the use or carrying of a firearm during and in relation to a crime of violence or drug trafficking crime, or the possession of a firearm in furtherance of those crimes.
A person who conspires to commit an offense under subsection (c) shall be imprisoned for not more than 20 years, fined under this title, or both; and if the firearm is a machinegun or destructive device, or is equipped with a firearm silencer or muffler, shall be imprisoned for any term of years or life.
§ 924(c) sets forth two different crimes: (1) using or carrying a firearm during an in relation to a drug trafficking crime; and (2) possessing a firearm in furtherance of a drug trafficking crime.