United States v. Dugan

Summarized by:

  • Court: 9th Circuit Court of Appeals Archives
  • Area(s) of Law: Constitutional Law
  • Date Filed: 09-20-2011
  • Case #: 08-10579
  • Judge(s)/Court Below: Circuit Judge Graber for the Court; Circuit Judges O’Scannlain and Bea
  • Full Text Opinion

18 U.S.C. § 922(g)(3), which prohibits controlled substance users or addicts from shipping or possessing firearms and ammunition, does not violate the Second Amendment.

Dugan used and distributed marijuana. While using marijuana, defendant ran a firearms business. A jury convicted Dugan of violating 18 U.S.C. § 922(g)(3) because he was distributing firearms while using marijuana. Defendant now appeals arguing that the conviction runs afoul of the Second Amendment. The Ninth Circuit, citing the United States Supreme Court, found that although there is a Constitutional right to bear arms, that right “is not unlimited”. The Court reasoned that because Courts have allowed restrictions on felons and the mentally ill, a restriction on substance abusers is a permissible limitation on the Second Amendment. AFFIRMED.

Advanced Search