Dugan

We consider the constitutionality of 18 U.S.C. § 922 (g)(3), which makes it illegal for “any person ... who is an unlawful user of or addicted to any controlled substance ... 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.” Reviewing de novo, United States v. Vongxay, 594 F.3d 1111, 1114 (9th Cir.), cert. denied, — U.S.-, 131 S.Ct. 294 , 178 L.Ed.2d 193 (2010), we uphold the statute against this Second Amendment challenge.

Defendant Kevin Dugan illegally grew and sold marijuana. He also smoked marijuana regularly. When police officers responded to a report of domestic violence at his home one afternoon, they discovered his marijuana operation and arrested Defendant. Because Defendant also had a business of dealing in firearms, a jury convicted him of, among other things, shipping and receiving firearms through interstate commerce while using a controlled substance, in violation of § 922(g)(3).

Defendant argues that § 922(g)(3) runs afoul of the Second Amendment because it deprives him of…