Facts of the Case

In the morning of July 26, 1984, Lamont McLaughlin and a companion, both wearing stocking masks, entered a bank in Baltimore. McLaughlin displayed a handgun and ordered everyone in the bank to put his hands up and not to move. While McLaughlin remained in the lobby area holding the gun, his companion placed about $3,400 in a brown paper bag. A police officer apprehended the two as they left the bank. The police then found that McLaughlin's gun was not loaded. Ultimately, McLaughlin pleaded guilty to charges of bank robbery and bank larceny and was found guilty of assault during a bank robbery "by the use of a dangerous weapon." The Court of Appeals affirmed.

Question

Is an unloaded handgun a "dangerous weapon" within the meaning of the federal bank robbery statute?

Conclusion

Yes. In a unanimous opinion delivered by Justice John Paul Stevens, the Court held that an unloaded handgun is a "dangerous weapon" within the meaning of the federal bank robbery statute, 18 USC section 2113(d). The Court articulated three reasons supporting the conclusion that such a gun is a dangerous weapon: First, a gun is an article that is typically and characteristically dangerous. Second, the display of a gun instills fear in the average citizen. Finally, a gun can cause harm when used as a bludgeon.