647 F.Supp.3d 475
W.D. Va.2022Background
- Snead was indicted on three counts: conspiracy to distribute methamphetamine, possession with intent to distribute ≥50 g methamphetamine, and possession of a firearm in furtherance of a drug trafficking crime (18 U.S.C. § 924(c)).
- Federal agents executed a search warrant at Snead’s residence and found ~112 grams of crystalline substance testing positive for methamphetamine, digital scales, baggies, and three boxes of 9mm ammunition in a lockbox.
- A loaded 9mm Makarov was found in a couch about three feet from the lockbox; ammunition was also in the lockbox.
- Snead admitted distributing methamphetamine and possessing the drugs and a handgun at his residence.
- Snead moved to dismiss Count III (§ 924(c)) as unconstitutional in light of New York State Rifle & Pistol Ass’n v. Bruen.
- The court denied the motion, holding Bruen and its predecessors protect law‑abiding citizens and do not extend Second Amendment protection to using firearms in furtherance of criminal activity; proximity of the gun and ammo supported the § 924(c) charge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 924(c) is unconstitutional under the Second Amendment after Bruen | Government: § 924(c) regulates criminal use of firearms and does not burden law‑abiding citizens’ rights; historical tradition supports prohibiting criminals’ firearm use | Snead: Post‑Bruen text-and-history test invalidates § 924(c) because the government cannot show a historical analogue supporting the statute | Court denied dismissal: Second Amendment does not cover criminal use; § 924(c) constitutional as applied |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (2008) (Second Amendment protects personal right to keep and bear arms for lawful purposes; right is not unlimited)
- McDonald v. City of Chicago, 561 U.S. 742 (2010) (incorporated Heller’s holding against the states via the Fourteenth Amendment)
- New York State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (2022) (announced text‑and‑history test for firearms regulations and focused on law‑abiding citizens)
- United States v. Jackson, 555 F.3d 635 (7th Cir. 2009) (rejecting Second Amendment challenge to criminal possession of firearms during felonies)
- United States v. Potter, 630 F.3d 1260 (9th Cir. 2011) (Second Amendment does not guarantee right to use a firearm in furtherance of drug trafficking)
- United States v. Bryant, 711 F.3d 364 (2d Cir. 2013) (Second Amendment does not protect possession of a firearm in furtherance of drug trafficking)
- United States v. Napolitan, 762 F.3d 297 (3d Cir. 2014) (Second Amendment does not entitle a drug trafficker to carry a firearm in furtherance of criminal activity)