Argued, March 20, 2014
Petition for certiorari filed at, 07/29/2014
Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. (2:09-cr-00055-1). John T. Copenhaver, Jr., District Judge.
Lex A. Coleman, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charleston, West Virginia, for Appellant.
Philip Henry Wright, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.
Mary Lou Newberger, Federal Public Defender, Jonathan D. Byrne, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charleston, West Virginia, for Appellant.
R. Booth Goodwin, II, United States Attorney, Joshua C. Hanks, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.
Before NIEMEYER and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Judge Niemeyer wrote the opinion, in which Judge Diaz and Senior Judge Hamilton joined.
NIEMEYER, Circuit Judge
Following his conviction and sentencing for possessing two firearms while being an unlawful user of and addicted to a controlled substance (marijuana), in violation of 18 U.S.C. § 922(g)(3), Benjamin Carter appealed, contending that § 922(g)(3) infringed on his right to bear arms, in violation of the Second Amendment. We vacated the judgment and remanded the case to the district court to allow the government to substantiate the fit between § 922(g)(3) and the government's important interest in protecting the community from gun violence.
See United States v. Carter (" Carter I" ), 669 F.3d 411 (4th Cir. 2012). After taking evidence from both sides, the district court held that the government had carried its burden in justifying the regulation of guns under § 922(g)(3), and Carter filed this second appeal.
Because we agree with the district court that the government adequately demonstrated a reasonable fit between its important interest in protecting the community from gun violence and § 922(g)(3), which ...