423 F. App'x 342
4th Cir.2011Background
- Chafin, then an unlawful user of drugs, purchased an AK-47 from Graybeal Firearms on Feb 6, 2008 and again on Feb 11, 2008 after falsely denying drug use on Form 4473.
- Chafin sold the Feb 6 AK-47 to Juan Chic on Feb 22, 2008; Chic was an unlawful user of drugs at the time.
- A federal grand jury returned a four-count indictment on Jun 10, 2008: Counts 1–2 false statements on Form 4473; Count 3 sale to an unlawful user; Count 4 possession while an unlawful user.
- Chafin moved to dismiss the indictment as violating the Second Amendment; the district court denied the motion.
- Chafin entered a conditional guilty plea to Count 3, preserving a challenge to § 922(d)(3) in light of Heller; he was sentenced to 37 months on Jan 26, 2009.
- On appeal, the Fourth Circuit affirmed, applying a two-part historical test and rejecting that selling a firearm to an unlawful user falls within the Second Amendment’s protection.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 922(d)(3) is unconstitutional under Heller. | Chafin contends the sale of a firearm to an unlawful user lies within the right to bear arms. | The government argues the right is historical and does not protect selling to an unlawful user. | Constitutionality upheld; sale to unlawful user not within historical scope of the Second Amendment. |
Key Cases Cited
- United States v. Chester, 628 F.3d 673 (4th Cir. 2010) (historical inquiry governs scope of the Second Amendment)
- District of Columbia v. Heller, 554 U.S. 570 (Supreme Court, 2008) (right to keep and bear arms is not unlimited; historical context matters)
- United States v. 12 200-Foot Reels of Super 8mm. Film, 413 U.S. 123 (Supreme Court, 1973) (possession rights do not imply correlative rights in distribution)
- United States v. Bundy, 392 F.3d 641 (4th Cir. 2004) (preservation of issues in conditional pleas limits appellate review)