US v Cooper - Drug user prohibition

[Euler]

On June 5, the US filed a petition for certiorari. (Docket)

Petition for certiorari said:

...
In September 2022, police officers responded to an emergency call reporting a shooting at respondent's house. ... The officers searched the house and found marijuana. ... A few days later, the police stopped respondent's car for a traffic violation. ... A search uncovered marijuana and a pistol, and a drug test revealed that respondent had recently used marijuana. ...

Months later, in April 2023, the police stopped a car in which respondent was a passenger. ... A pat-down search uncovered a pistol, and a drug test revealed that petitioner had recently used marijuana. ... Respondent later stipulated that he began smoking marijuana at age 15, that he had continued using marijuana at least until the April 2023 traffic stop, and that he had smoked marijuana three to four times per week.

A grand jury in the United States District Court for the Northern District of Iowa charged respondent with two counts of possessing a firearm as an unlawful user of a controlled substance, in violation of 18 U.S.C. 922(g)(3). ...
...
The court of appeals rejected respondent's facial challenge to Section 922(g)(3). ... Turning to his as-applied challenge, the court concluded that "[n]othing in our tradition allows disarmament simply because [respondent] belongs to a category of people, drug users, that Congress has categorically deemed dangerous." ... The court determined that the Second Amendment instead requires an "individualized" determination about whether drug use caused respondent to "'induce terror'" or "'pose a credible threat to the physical safety of others' with a firearm." ... It stated that "[t]he district court's task on remand is to figure out which side of the Second Amendment line [this] case falls on." ...
...

The US notes that it just filed a similar petition for US v Hemani and suggests holding this petition until the Court disposes of that one, because Hemani is a better vehicle. In Hemani, the 5th Circuit upheld Hemani's challenge to 18 USC 922 (g)(3). Whereas, in this case, the 8th Circuit vacated a conviction and ordered the case remanded for further proceedings.

Left unsaid: ... also Hemani is a foreign drug dealer, whereas Cooper just won't stop smoking dope ...

[Euler]

On July 5, Cooper filed his response.

[Euler]

On July 16, the US filed its reply.

[Euler]

On August 18, the Court "rescheduled" this petition for conference (i.e., removed it from the conference). It had originally been scheduled for September 29 along with Sam, Daniels, and Hemani, which were "rescheduled" previously.

Edited October 20, 2025 at 09:12 PM by Euler

[Euler]

Petition denied.