U.S. v. Cook

In appeal of defendant’s conviction on charge of unlawful user of controlled substance in possession of firearms under 28 USC section 922(g)(3), Ct. of Appeals rejected defendant’s claim that said statute was unconstitutionally vague on its face and improperly limited his Second Amendment right to possess firearm. Core of conduct that statute proscribes, i.e., possession of firearm by individual engaged in regular, non-prescribed use of controlled substance, was sufficiently clear to defendant, who possessed firearm in midst of nearly 10-year period of daily marijuana use. Moreover, citizens who wish to exercise their Second Amendment rights had reasonable notice of what conduct is prohibited. Ct. further found that jury instruction adequately defined who constitutes unlawful drug user, where instruction informed jury that govt. needed to show that defendant‘s possession of firearm was contemporaneous with his ongoing pattern of drug use.