Drug User in Possession of a Firearm-FEDERAL

FEDERAL DRUG USER IN POSSESSION OF A FIREARM CRIMINAL DEFENSE LAWYER- ALEXANDRIA, HARRISONBURG, RICHMOND, CHARLOTTESVILLE, GREENBELT, BALTIMORE, WASHINGTON, DC, NORFOLK, ROANOKE

FEDERAL DRUG DEFENSE ATTORNEY - Alexandria, Arlington, Baltimore, Charlottesville, Culpepper, Fairfax, Falls Church, Greenbelt, Harrisonburg, Leesburg, Loudoun County, Manassas, Norfolk, Prince William, Richmond, Roanoke, Stafford, Warrenton, Winchester, Vienna, Washington, DC

Drug User in Possession of a Firearm- 18 U.S.C. 922(g)  

To be convicted of the federal drug crime of being a drug user or drug addict in possession or receipt of a firearm or ammunition, the government must prove the following three (3) essential elements beyond a reasonable doubt: (1) the Accused was an unlawful user of a controlled substance or was a drug addict; (2) the Accused knowingly possessed or received a firearm or ammunition while being an unlawful user of a controlled substance or a drug addict; and (3) the firearm or ammunition was transported across a state line at some time during or before the accused possessed it.

The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of title 21 U.S.C. 812. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1954.

 The term “narcotic drug” means any of the following whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(A) Opium, opiates, derivatives of opium and opiates …

(B) A compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates.

(C) A substance (and any compound, manufacture, salt, derivative, or preparation thereof) which is chemically identical with any of the substances referred to in clause (A) or (B).

(D) Cocaine, its salts, optical and geometric isomers, and salts of isomers.

(F) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subparagraphs (A) through (E).

The phrase “unlawful user of a controlled substance” is any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician. Such use is not limited to the use of drugs on a particular day, or within a matter of days or weeks before, but rather that the unlawful use has occurred recently enough to indicate that the individual is actively engaged in such conduct. A person may be an unlawful current user of a controlled substance even though the substance is not being used at the precise time the person seeks to acquire a firearm or receives or possesses a firearm. An inference of current use may be drawn from evidence of a recent use or possession of a controlled substance or a pattern of use or possession that reasonably covers the present time, e.g., a conviction for use or possession of a controlled substance within the past year; multiple arrests for such offenses within the past 5 years if the most recent arrest occurred within the past year; or persons found through a drug test to use a controlled substance unlawfully, provided that the test was administered within the past year.

The term “to possess” means to exercise control or authority over something at a given time. There are several types of possession—constructive, sole, and joint.

“Possession” is considered to be actual when a person knowingly has direct physical control or authority over something. The “possession” is called constructive when a person does not have direct physical control over something, but can knowingly control it and intends to control it, sometimes through another person.

“Possession” may be knowingly exercised by one person exclusively, which is called sole possession or may be knowingly exercised jointly, when it is shared by two or more persons.

The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of title 21 U.S.C. 812. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1954.

The term “narcotic drug” means any of the following whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(A) Opium, opiates, derivatives of opium and opiates …

(B) A compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates.

(C) A substance (and any compound, manufacture, salt, derivative, or preparation thereof) which is chemically identical with any of the substances referred to in clause (A) or (B).

(D) Cocaine, its salts, optical and geometric isomers, and salts of isomers.

(F) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subparagraphs (A) through (E).

The term “drug addict” means any individual who habitually uses any controlled substance so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of a controlled substance as to have lost the power of self-control with reference to the addiction.

The term “firearm” means any weapon, including a starter gun, which will or is designed to or may be readily converted to expel a projectile by the action of an explosive.

 If the firearm in question was manufactured in a state other than the state in which possession or receipt occurred, a jury may, but are not required to, find that it was transported across a state line.

A person is entrapped when that person has no previous intent or disposition or willingness to commit the crime  and is induced or persuaded by law enforcement officersor by their agents to commit the offense.

18 922(g)

 
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