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31 Carrying/Using Firearm In Relation To A Drug Trafficking Offense Or Crime Of Violence 18 USC § 92 4(c)(1) Title 18, United States Code, Sect ion 924(c)(1 ), makes it a separate Federal crime or offense for anyone to [ use] [carry] a firearm during and in relation to a [drug trafficking crime] [crime of violence] . The Defendant can be found guilty of that offense as charged in Count of the indictment only if all of the following facts are proved beyond a reasonable doubt: First: That the Defendant committed the [drug trafficking offense] [crime of violence] charged in Count of t he indictment; Second: That during and in relation to the commission of that offense the Defendant [ used] [carried] a firearm, as charged; and Third: That the Defendant [used] [carried] the firearm knowingly. The term " firearm" means any weapon which is designed to, or may readily be converted to, expel a project il e by t he act ion of an explosive; and the term includes the frame or receiver of any such weapon or any firearm muffler or firearm silencer. [To " use" a firearm means more than mere possession of a firearm. It must be shown that the Defendant actively employed the firearm by brandishing, displaying, bartering, striking with, or firing or attempting to fire the firearm; but it may also include the mere mention or disclosure of the firearm's presence in a manner intended to intimidate or influence others.] [To "carry" a firearm means that the Defendant either had a firearm on or around [his] [her] person or transported, conveyed or possessed a firearm in such a way that it w as available for immediate use if the Defendant so desired.] The phrase "during and in relation to" the commission of an offense means that there must be a connection between the Defendant, the firearm and t he [drug trafficking crime] [crime of violence] so that the firearm facilitated the crime by serving some important function or purpose of t he criminal activity. ANNOTATIONS AND COMMENTS 18 USC § 92 4(c)(1) provides: Whoever, during and in relation to any crime of violence or drug traffic king crime . . . for which he may be prosecuted in a court of the United States, uses or carries a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime [be sentenced to a term of imprisonment as provided by law ]. In Bailey v. Unit ed St ates, U.S. , 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), the Supreme Court held t hat " use" within the meaning of § 92 4(c)(1) means more than proximity and accessibility but , instead, requires " active employment" of the firearm. The definition and examples of use set forth in the instruction are taken directly from Bailey . The definition of " carry" used in this instruct ion is primarily derived from United States v. Cardenas, 864 F.2d 1528 (10th Cir.), cert. denied, 491 U.S. 909, 109 S.Ct. 3197, 105 L.Ed.2d 705 (1989). See United States v. Spring, 80 F.3d 1450, (10 th Cir. 1996), cert. denied, U.S. , 117 S.Ct. 3 85, 136 L.Ed.2d 302 (1996) (relying on Cardenas); see also Unit ed States v. Baker, 78 F.3d 1241 (7th Cir. 19 96) (it is the possession of a firearm coupled with the affirmative act of transporting it that violates the carry prong of § 924(c)(1)); but see United States v. Moore, 76 F.3d 111 (6t h Cir. 1996) (carry means immediate availability and physical transportation); Unit ed States v. Hernandez, 80 F.3d 1253 (9th Cir. 1996)(carry means to transport on or about one' s person and t o have immediately available for use). In Smith v. United States, 508 U.S. 223, 113 S.Ct. 2050, 124 L.Ed.2d 138, 150-51 (1993), the Supreme Court held that the phrase " during and in relation t o" means that the firearm must facilitate or further the purpose of t he crime. Whether a crime is a crime of violence is a quest ion of law, not of fact. United States v. Amparo, 68 F.3d 1222 (9th Cir. 1995); United States v. Moore, 38 F.3d 977 (8th Cir. 1994); United States v. Weston, 9 60 F.2d 2 12 (1st Cir. 1 99 2); Unit ed States v. Adkins, 937 F.2d 947 (4t h Cir. 1991). But see, United States v. J ones, 993 F.2d 58 (5th Cir. 1993) Maximum Penalty: Mandatory sentence of five (5) years imprisonment. If the firearm used was a short-barreled rifle or short-barreled shotgun, mandatory sentence of t en (10) years imprisonment.