646 F.Supp.3d 825
W.D. Tex.2022Background:
- April 30, 2021 traffic stop of a stolen vehicle; Andre Edwards Sanchez was the driver and taken into custody.
- Officers found suspected Xanax pills and suspected marijuana on Sanchez, and a blood test showed THC.
- A federal grand jury indicted Sanchez under 18 U.S.C. § 922(g)(3) for possession of a firearm by an unlawful user of or addicted to a controlled substance.
- Sanchez moved to dismiss the indictment arguing § 922(g)(3) violates the Second Amendment under Bruen and is unconstitutionally vague under the Fifth Amendment.
- The government defended the statute as either outside the Second Amendment’s textual protection or supported by the Nation’s historical tradition, and as not void-for-vagueness.
- The court denied the motion, finding Sanchez’s conduct not covered by the Amendment’s plain text and, alternatively, that § 922(g)(3) is consistent with historical tradition and is not vague.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Second Amendment challenge to § 922(g)(3) | United States: statute targets non 'law-abiding, responsible' persons and is consistent with historical tradition | Sanchez: statute facially and as-applied bans firearm possession by users/addicted persons, violating Bruen's textual and historical test | Denied; court finds Sanchez's status as unlawful user falls outside Second Amendment protection, and alternatively the ban is consistent with historical tradition |
| Due Process vagueness challenge to § 922(g)(3) | United States: statute gives sufficient notice; Fifth Circuit precedent rejects vagueness challenges as-applied | Sanchez: terms 'unlawful user' and 'addicted to' are vague and allow arbitrary enforcement | Denied; court follows Fifth Circuit authority and finds ordinary person would understand Sanchez's conduct falls within the statute |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (2008) (recognizes individual right to keep and bear arms while upholding longstanding prohibitions on possession by dangerous persons)
- McDonald v. City of Chicago, 561 U.S. 742 (2010) (incorporates Second Amendment against the states, reaffirming Heller’s assurances)
- New York State Rifle & Pistol Ass'n v. Bruen, 142 S. Ct. 2111 (2022) (announces historical-tradition test for firearms regulations and limits Second Amendment to law-abiding citizens)
- United States v. Patterson, 431 F.3d 832 (5th Cir. 2005) (upholds firearm prohibitions for dangerous classes as consistent with tradition)
- United States v. McCowan, 469 F.3d 386 (5th Cir. 2006) (discusses elements for proving an 'unlawful user' under § 922(g)(3))
- United States v. Edwards, 182 F.3d 333 (5th Cir. 1999) (rejects vagueness challenge to § 922(g)(3) as-applied)
- United States v. Yancey, 621 F.3d 681 (7th Cir. 2010) (supports historical-analogue approach to disarming persons considered risks to society)