AND · 18usc922:status.g3.user
Purdy, 264 F.3d 809, 812-13 (9th Cir. 2001), supplies a Ninth Circuit statutory construction in an as-applied vagueness decision. Apply the governing circuit's formulation and proof beyond reasonable doubt; this is not a nationwide fixed lookback period. It defines the user branch, not the alternative addiction branch. Hemani's Second Amendment question remains separate.
Exact element source
an unlawful userSource:
docroot/ir/usc/title18.jsonl#title18_sec922; Unicode character offsets [16327:16343] (end exclusive); SHA-256 69d6082896652ca704d8da56c0a01daa1d10b51846206764bf1140610c756b65.Routes and case patterns
| Route | Definition | Merits instance blocks | Distinct merits cases | Examples (up to 3 cases per count group) |
|---|---|---|---|---|
| _whole accepted; provisional (1 case) | The element is decided as a whole: the reasoning turns on no narrower doctrinal sub-question that distinguishes it from any other application of this element. | 0 Satisfied 0; not satisfied 0; excluded context 1 | 0 | Used only in non-merits blocks (1). Excluded context examples:United States v. Bandak Deng — 142 F.4th 1075 (2025) · Court of Appeals for the Eighth Circuit · 2025 — satisfied · proved (18usc922: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/lower-court · not counted |
How courts decided this element
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| United States v. Bandak Deng — 142 F.4th 1075 (2025) · Court of Appeals for the Eighth Circuit · 2025 — satisfied · proved (18usc922: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Current unlawful use with the applicable temporal nexus | satisfied Excluded from merits counts applied / lower-court basis: proved; party: Bandak Wiyual Deng; count: 18 U.S.C. § 922(g)(3); subject: party=Bandak Wiyual Deng; count=18 U.S.C. § 922(g)(3) Jury finding only. The unlawful-user element was not contested on appeal and the opinion does not analyse it; the motion for acquittal the court affirms was the facial Second Amendment challenge. | admitted drug use since 2012, marijuana and cocaine within days of the stop; marijuana in the car | There, Deng admitted to using drugs since 2012, including marijuana and cocaine in the last few days.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/1075; Unicode character offsets [2452:2553] (end exclusive); SHA-256 56bf3ae3c1ccc1f767d68526b65ddda8b14889ac303cc9411ede9324508cbf3d.With his consent, officers searched the car, finding marijuana.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/1075; Unicode character offsets [2152:2215] (end exclusive); SHA-256 56bf3ae3c1ccc1f767d68526b65ddda8b14889ac303cc9411ede9324508cbf3d. |
Court interpretations
interpretation
We emphasize, however, that to sustain a con-vietion under § 922(g)(3), the government must prove — as it did here — that the defendant took drugs with regularity, over an extended period of time, and contemporaneously with his purchase or possession of a firearm.
United States v. Purdy — 264 F.3d 809 · United States Court of Appeals for the Ninth Circuit · 2001 (18usc922: author: unavailable · not independently reviewed)
We emphasize, however, that to sustain a con-vietion under § 922(g)(3), the government must prove — as it did here — that the defendant took drugs with regularity, over an extended period of time, and contemporaneously with his purchase or possession of a firearm.Source:
docroot/ir/caselaw/f3d_264.jsonl#/f3d/264/0809-01; Unicode character offsets [8170:8434] (end exclusive); SHA-256 4e85fc5a205c82795b0074acd70f103c0e28516edc1018c880d8a14e963178c4.Purdy, 264 F.3d 809, 812-13 (9th Cir. 2001), supplies a Ninth Circuit statutory construction in an as-applied vagueness decision. Apply the governing circuit's formulation and proof beyond reasonable doubt; this is not a nationwide fixed lookback period. It defines the user branch, not the alternative addiction branch. Hemani's Second Amendment question remains separate.