United States v. Dugan
2011 U.S. App. LEXIS 19262
| 9th Cir. | 2011Background
- Dugan grew and sold marijuana and smoked it regularly.
- Police discovered his marijuana operation during a domestic-violence call at his home and arrested him.
- Dugan also operated a firearms business and was convicted by a jury of shipping/receiving firearms through interstate commerce while using a controlled substance.
- He was charged under 18 U.S.C. § 922(g)(3) prohibiting firearm possession by unlawful users of controlled substances.
- The issue concerns whether § 922(g)(3) violates the Second Amendment, considering Heller's limits on firearm rights; the court reviews de novo and upholds the statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is § 922(g)(3) constitutional under the Second Amendment? | Dugan asserts it infringes the right to possess because of Heller. | Dugan argues Section 922(g)(3) bans lawful possession without proper justification. | Yes; statute constitutional; upheld. |
Key Cases Cited
- United States v. Vongxay, 594 F.3d 1111 (9th Cir. 2010) (upholds constitutionality under de novo review)
- United States v. Yancey, 621 F.3d 681 (7th Cir. 2010) (permits prohibitions for unlawful drug users)
- United States v. Seay, 620 F.3d 919 (8th Cir. 2010) (permits drug-use prohibition on firearms)