The Champion

December 2003 , Page 54 

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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

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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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