United States v. Carter
United States Court of Appeals for the Fourth Circuit
750 F.3d 462 (2014)
The federal government (plaintiff) prosecuted Benjamin Carter (defendant) for possessing firearms as an unlawful drug user, in violation of 18 U.S.C. section 922(g)(3). Police found marijuana, cash, and drug paraphernalia in Carter's apartment, and Carter admitted he was a longtime marijuana user who kept a pistol and a revolver for protection. Carter argued the statute violated his Second Amendment rights and moved to dismiss the indictment; the district court denied the motion. Carter pleaded guilty on the condition that he could appeal that ruling, and the case eventually returned to the Fourth Circuit a second time after the government defended the statute as protecting the community from gun violence.
Whether a federal statute that bars an unlawful drug user or addict from possessing a firearm violates the Second Amendment.