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Muscarello v. United States

Significance, Drugs And Guns, To Carry A Firearm, Impact, The National Firearms Act


Frank J. Muscarello, Donald Cleveland and Enrique Gray-Santana


United States

Petitioners' Claim

That the United States violated the Second Amendment's right to bear arms by a broad interpretation of U.S. legal codes.

Chief Lawyers for Petitioners

Robert H. Klonoff and Norman S. Zallkind

Chief Lawyer for Respondent

James A. Feldman

Justices for the Court

Stephen Breyer (writing for the Court), Anthony M. Kennedy, Sandra Day O'Connor, John Paul Stevens, Clarence Thomas

Justices Dissenting

Ruth Bader Ginsburg, William H. Rehnquist, Antonin Scalia, David H. Souter


Washington D.C.

Date of Decision

8 June 1998


The decision found in favor of the United States by ruling that the phrase "carries a firearm" applies to persons knowingly possessing and conveying firearms in a vehicle, including in a locked glove compartment or car trunk.

Related Cases

  • United States v. Miller, 301 U.S. 174 (1939).
  • United States v. Lopez, 514 U.S. 549 (1995).
  • Bailey v. United States, 516 U.S. 137 (1996).
  • Printz v. United States, 521 U.S. 98 (1997).
  • Cleveland v. United States, 106 F.3d 1056 (1998).


Bacon, Donald C., et al., ed. The Encyclopedia of the United States Congress. New York: Simon & Schuster, 1995.

Additional topics

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