What is the test for carrying a firearm under section 924(c)(1) of the Criminal Code?

A conviction for "use" of a firearm under " 924(c)(1) requires evidence sufficient to show an active employment by the defendant, a use that makes the firearm an operative factor in relation to the predicate offense." Bailey v. United States, 116 S.Ct. 501, 505 (1995). "The active employment understanding of 'use' certainly includes brandishing, displaying, bartering, striking with, and most obviously, firing or attempting to fire, a firearm." Id. at 508.

To be convicted of "carrying" a firearm under 924(c)(1), "the defendant must have transported the firearm on or about his or her person. This means the firearm must have been immediately available for use by the defendant." United States v. Hernandez, 1996 WL 34822 (9th Cir. Jan. 31, 1996) at * 3.