# Justice Manual § 9-63.517: Supreme Court Decision in Bailey v. United States

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-63.517

## Section

- **Citation:** Justice Manual § 9-63.517
- **Heading:** Supreme Court Decision in Bailey v. United States
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-63.000 - Protection Of Public Order / Justice Manual § 9-63.517

## Text

Under 18 U.S.C. § 924(c)(1), a person who "during and in relation to any crime of violence or drug trafficking crime . . . . uses or carries a firearm" is subject to a mandatory minimum sentence. In
Bailey v. United States
, 116 S. Ct. 501 (1995), the Supreme Court held that conviction of a defendant for "use" of a firearm under § 924(c) requires "evidence sufficient to show an
active employment
of the firearm by the defendant."
Id
. at 505. The Court rejected the government's contention that storing a weapon near drugs or placing a firearm where it is available for use during a drug transaction constitutes "use" of a firearm under § 924(c). The Court explained that "use" under § 924(c)(1) only "includes brandishing, displaying, bartering, striking with, and most obviously, firing or attempting to fire, a firearm."
Id
. at 508.

The decision in
Bailey
substantially altered prior law concerning the evidence necessary to establish "use" under § 924(c). To assist Federal prosecutors in dealing with the many ramifications of the decision, the Criminal Division sent a memorandum to all U.S. Attorneys, dated December 13, 1995. Please refer to this memorandum for advice on
Bailey
-related issues, including challenges to prior convictions, and current and future cases prosecuted under § 924(c).

## Nearby sections

- [Justice Manual § 9-63.010 Overview](https://www.frixlaw.com/law-library/statutes/JM_S9-63.010.md)
- [Justice Manual § 9-63.100 Aircraft Piracy and Related Offenses](https://www.frixlaw.com/law-library/statutes/JM_S9-63.100.md)
- [Justice Manual § 9-63.110 Interference with Flight Crew Members and Attendants](https://www.frixlaw.com/law-library/statutes/JM_S9-63.110.md)
- [Justice Manual § 9-63.135 Negotiated Pleas for Aircraft Piracy Within the Special Aircraft Jurisdiction of the United States](https://www.frixlaw.com/law-library/statutes/JM_S9-63.135.md)
- [Justice Manual § 9-63.161 Prosecution Policy for Carrying Weapons or Explosives Aboard Aircraft (49 U.S.C. §§ 46314 & 46505)](https://www.frixlaw.com/law-library/statutes/JM_S9-63.161.md)
- [Justice Manual § 9-63.171 Prosecution Policy for False Information (49 U.S.C. &$167 46507(1))](https://www.frixlaw.com/law-library/statutes/JM_S9-63.171.md)
- [Justice Manual § 9-63.181 Prosecution Policy for Aircraft Piracy Outside the Special Aircraft Jurisdiction of the United States (49 U.S.C. § 46502(b))](https://www.frixlaw.com/law-library/statutes/JM_S9-63.181.md)
- [Justice Manual § 9-63.200 Destruction of Aircraft and Motor Vehicles and Related Offenses (18 U.S.C. § § 31 - 35)](https://www.frixlaw.com/law-library/statutes/JM_S9-63.200.md)
- [Justice Manual § 9-63.221 Prosecutive Policy for 18 U.S.C. § 32(b)](https://www.frixlaw.com/law-library/statutes/JM_S9-63.221.md)
- [Justice Manual § 9-63.231 Prosecutive Policy for Threats to Destroy Aircraft](https://www.frixlaw.com/law-library/statutes/JM_S9-63.231.md)
- [Justice Manual § 9-63.241 Prosecutive Policy for Destruction of Motor Vehicles—18 U.S.C. § 33](https://www.frixlaw.com/law-library/statutes/JM_S9-63.241.md)
- [Justice Manual § 9-63.251 Prosecutive Policy for Imparting or Conveying False Information (Bomb Hoax)—18 U.S.C. § 35](https://www.frixlaw.com/law-library/statutes/JM_S9-63.251.md)
- [Justice Manual § 9-63.260 Death Penalty](https://www.frixlaw.com/law-library/statutes/JM_S9-63.260.md)
- [Justice Manual § 9-63.500 Firearms Generally](https://www.frixlaw.com/law-library/statutes/JM_S9-63.500.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-63.517. Check the current official text before relying on it. Not legal advice.