Furrow

ORDER DENTING DEFENDANT’S MOTION TO DISMISS COUNTS 2 THROUGH 16 OF THE INDICTMENT BECAUSE THE UNDERLYING STATUTES ARE UNCONSTITUTIONAL

I. INTRODUCTION

Criminal defendant Buford O’Neal Furrow, Jr. (“Defendant”) has been charged in a sixteen-count indictment filed on December 2, 1999 for the alleged murder of a U.S. postal worker, Joseph Ileto, the alleged shooting of five individuals at the North Valley Jewish Community Center (“NVJCC”), and various gun possession offenses. Pending before the court is Defendant’s motion to dismiss counts 2 through 16 of the indictment because the underlying statutes are unconstitutional. The statutes at issue in this motion are 18 U.S.C. § 245 (b)(2)(F) (violent interference, on account of race or religion, with enjoyment of the services, facilities, and privileges afforded by a place of exhibition or entertainment which serves the public); 18 U.S.C. § 245 (b)(4)(A) (violent interference, on account of race or religion, with enjoy ment of right to federal employment); 18 U.S.C. § 924 (c) (use of a firearm during commission of a crime of violence); 18 U.S.C. § 922 (g) (possession by a convicted felon of a firearm); 18 U.S.C. § 922 (o) (possession…