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United States v. Connelly

117 F.4th 269 (2024)

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United States v. Connelly

United States Court of Appeals for the Fifth Circuit
117 F.4th 269 (2024)

Facts

In response to a shots-fired call, police went to the home of Paola Connelly (defendant). They arrested Paola’s husband, John Connelly, who was standing at the neighbor’s door firing a shotgun. The officers then searched the Connellys’ home and discovered several firearms. Although Paola was not intoxicated, she admitted to sometimes using marijuana to help with sleep and anxiety. Paola was charged with violating 18 U.S.C. § 922(g)(3), which prohibited firearm possession by an unlawful user of a controlled substance, and 18 U.S.C. § 922(d)(3), which prohibited providing firearms to an unlawful user of a controlled substance. Paola moved to dismiss the charges on Second Amendment grounds, arguing that both §§ 922(g)(3) and 922(d)(3) were facially unconstitutional and that § 922(g)(3) was unconstitutional as applied to Paola. The district court granted Paola’s motion. The government appealed.

Rule of Law

Issue

Holding and Reasoning (Engelhardt, J.)

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