1 minute read

Muscarello v. United States

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

Petitioners

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

Respondent

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

Place

Washington D.C.

Date of Decision

8 June 1998

Decision

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).

Sources

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

Additional topics

Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1995 to Present