Criminal Law-Unlawful Drug User in Possession of Firearm-Motion to Dismiss-Constitutional Challenge

Defendant appealed the denial of his motion to dismiss his indictment for being an unlawful drug user in possession of a firearm, which was based on his as-applied constitutional challenge to the statute of conviction.

Where the record showed that defendant’s drug use contributed to his aggressive and combative behaviors, the prohibition on his possession of firearms was sufficiently analogous to the historical tradition of barring firearms to those who had engaged in behavior that terrorized the public.

Stras, J., concurring: “If we do, all that matters is that Baxter was a drug user who actually “pose[d] a credible threat to the physical safety of others with a firearm.” Cooper, 127 F.4th at 1096 (quoting United States v. Rahimi, 602 U.S. 680, 700 (2024)). I would start and end the analysis there.”

Judgment is affirmed.

U.S. v. Baxter (MLW No. 85089/Case No. 25-2752 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.) Appealed from U.S. District Court, Southern District of Iowa, Rose, J. (Gary Dean Dickey Jr., Des Moines, IA for appellant) (William C. Admussen, AUSA, Des Moines, IA for appellee; Ryan W. Leemkuil, former AUSA, Des Moines, IA on the brief)