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The Second Amendment and firearm liability under 18 U.S.C. 922(g)(3): Defining an 'unlawful user' of drugs
By Thomas Lundy
Jury Instruction columns.
A. The Statutory Language
18 U.S.C. 922(g)(3) provides as follows:
“It shall be unlawful for any person –. . . (3) who is an unlawful user of or addicted to
any controlled substance (as defined in section 102 of the Controlled
Substances Act. . . to ship or transport in interstate or foreign
commerce, or possess in or affecting commerce, any firearm or
ammunition; or to receive any firearm or ammunition which has been
shipped or transported in interstate or foreign commerce.”
18 U.S.C. 802
defines “addict” for purposes of 18 U.S.C. 922 as follows:
The term “addict” means any individual who habitually uses any narcotic
drug so as to endanger the public morals, health, safety, or welfare, or
who is so far addicted to the use of narcotic drugs as to have lost the
power of self-control with reference to his addiction.
However, there is no comparable statutory definition of "unlawful user."
B. Argument that in light of the Second Amendment; strict scrutiny requires that
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