United States v. Carter

Officers were responding to a complaint of suspected drug activity in a two-unit apartment building. The officer went to the first unit and found evidence of marijuana use. They then went to the second unit, the defendant’s. They knocked and the defendant allowed the officers to enter his apartment. After smelling marijuana, the officers questioned the defendant who admitted to using the drug for 15 years. A search of the apartment found 12 grams of loose marijuana, 15 grams of partially smoked blunts, digital scale, $1,000 in large bills, and $122 in smaller bills. The defendant also informed the officers of two firearms he had in his closet that he purchased the week before fore self-defense due to the neighborhood he lived in. The week before the other unit in the building was burglarized and his neighbor was shot 8 times. Defendant plead guilty to his 18 USC 992(g)(3) charge but preserved his right to challenge the constitutionality of the statute.

When remanded back to the district court to determine the constitutionality of the statute, the court conducted intermediate scrutiny to determine whether there was a reasonable fit between the statute and a substantial government objective. They determined that there was citing, that 1) drug users are more likely to encounter law enforcement, 2) criminal associations increase risks of violence, 3) high price of drugs leads users to violent crimes, and 4) drug use impairs judgement. Defendant appealed this determination back to the circuit court of appeals.