Home -> Law Blog Directory -> Legal Commentary Blogs -> The Volokh Conspiracy
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Legal Commentary
: The Volokh ConspiracyDistrict Court Upholds Ban on Possessing Guns While an Illegal User of a Controlled Substance
By Eugene Volokh
From United States v. Hendrix (W.D. Wis. Apr. 6):
After a confidential informant bought 1.9 grams of crack cocaine from defendant Brandon Hendrix on April 21, 2009, law enforcement officers obtained a warrant to search his residence. When they arrived, they found defendant present and under the influence of marijuana, crack cocaine and alcohol. Their search uncovered a loaded SKS rifle, a .45 caliber Ruger pistol, a Winchester shotgun, ammunition, knives and drug paraphernalia. Defendant was arrested the next day and charged in federal court with knowing and unlawful possession of firearms while being an unlawful user of marijuana and crack cocaine, in violation of 18 U.S.C. § 922(g)(3)....[D]efendant?s argument fails because he has not shown that he is subject to any real burden. If he does not use controlled substances, then § 922(g)(3) imposes no restriction on his possession of guns. If he chooses to use them, then he cannot legally possess a gun. The choice is his, not the government?s....
[I]t is not necessary to consider ... whether a person prosecuted under § 922(g)(3) should be subject to a lifetime ban on gun possession, the natural consequence of a felony conviction for violation of this statute. One could argue that the prohibition should not last any longer than the person?s use of controlled substances, but defendant has neither made this argument nor suggested that he would qualify for relief if it were adopted, so I will not address it.
Copyright © 2010
This feed is for personal, non-commercial use only.
The use of this feed on other websites breaches copyright. If this content is not in your news reader, it makes the page you are viewing an infringement of the copyright.
Full post as published by The Volokh Conspiracy on April 08, 2010 (boomark / email).
Illegal Immigrant Responsibility and Reform Act of 1996
Explanation of the controversial illegal immigration law
Self Defense
It's legal to defend yourself and your family
Selection of State Supreme Court Judges
How State Court Judges are Selected
Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations
California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid
Is Barack Obama a Natural Born Citizen?
Wrotnowski v. Bysiewicz (Supreme Court): Does Obama meet the constitutional requirements to be President
Personal Injury
Appeals Court Upholds Congressional Legislation
Rutland School District
Double pay offered as part of class action wage dispute settlement, pending court approval.
Sky Champion
Remote-Controlled Helicopter Toys Recalled
Nail Guns
Injury Rate More Than Doubles in Three Years
Heat Guns
Recalled Due to Fire and Burn Hazards
Probation User Fees
Clark County Council pays $1.1 million settlement after misappropriating funds.

They took my car, and my money! (Asset Forfeiture)(Arkansas)
Court Upholds Conviction of Domestic Abuser Who Had Guns
Medicinal marihuana and GCA 68








