United States v. Decastro
682 F.3d 160
| 2d Cir. | 2012Background
- Decastro, NY resident with Florida handgun license, transported a Florida-purchased Taurus pistol to NY and stored it there.
- Decastro never obtained NY handgun license and pled knowledge of illegality when transporting it.
- Federal indictment under 18 U.S.C. § 922(a)(3) for transporting a firearm into one’s state of residence from outside the state.
- District court denied dismissal; trial was bench with stipulated facts showing unlawful transport.
- Evidence suggested NY licensing dynamics were invoked in defense, but Decastro did not apply for NY license.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 922(a)(3) is unconstitutional on its face under the Second Amendment. | Decastro argues the statute burdens core Second Amendment rights. | The United States argues the statute does not substantially burden rights and is valid. | Facial challenge fails; statute not a substantial burden. |
| Whether § 922(a)(3) is unconstitutional as applied due to New York licensing. | NY licensing effectively compelled out-of-state purchase to defend rights. | Decastro lacked standing to challenge NY licensing; futility not shown. | Decastro lacking standing; as-applied challenge rejected. |
| What scrutiny applies to § 922(a)(3) given its burden on Second Amendment rights. | Argues strict or intermediate scrutiny should apply. | Heightened scrutiny not triggered; burden is de minimis. | Heightened scrutiny not required; § 922(a)(3) not substantially burdensome. |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (Supreme Court 2008) (recognizes individual right to possess arms for self-defense; allows restrictions.)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (Supreme Court 2010) (applies Heller to states; core right protected.)
- Wash. State Grange v. Wash. State Republican Party, 552 U.S. 442 (Supreme Court 2008) (facial challenge standards for political-right regulations.)
- Heller v. District of Columbia, 670 F.3d 1244 (D.C. Cir. 2011) (plural circuit discussion on de minimis burdens and scrutiny.)
- Nordyke v. King, 644 F.3d 776 (9th Cir. 2011) (only regulations that substantially burden trigger heightened scrutiny.)
- Ezell v. City of Chicago, 651 F.3d 684 (7th Cir. 2011) (closer to core Second Amendment burden informs scrutiny.)
- Marzzarella v. Masciandaro, 614 F.3d 85 (3d Cir. 2010) (discusses scrutiny levels for Second Amendment challenges.)
- Skoien v. United States, 614 F.3d 638 (7th Cir. 2010) (discussion of safeguards against overbreadth challenges.)