No. 25-372

Erik Matthew Harris v. United States

Lower Court: Third Circuit
Docketed: 2025-09-30
Status: Pending
Type: Paid
Amici (2)
Tags: constitutional-vagueness controlled-substance criminal-statute firearm-possession marijuana-use second-amendment
Key Terms:
AdministrativeLaw SecondAmendment DueProcess Immigration JusticiabilityDoctri
Latest Conference: 2026-01-09
Question Presented (AI Summary)

Whether 18 U.S.C. § 922(g)(3)'s prohibition on firearm possession by marijuana users violates the Second Amendment and is unconstitutionally vague

Question Presented (OCR Extract)

18 U.S.C. § 922(g)(3) prohibits firearm possession by an “unlawful user of” “any controlled substance.” The statute does not define the phrase “unlawful user” or specify what nexus, if any, the government must show between drug use and firearm possession. Petitioner Erik Harris, a 21-year-old, first-generation college student working part-time for a Christian nonprofit, had no prior arrests or history of violence when he purchased three guns in early 2019. He was later convicted under § 922(g)(3) based solely on his police interview admission to smoking marijuana once every three days. Nothing in the record indicates that Harris was intoxicated when he purchased the firearms or at any time that he carried a firearm. The questions presented are: I. Whether 18 U.S.C. § 922(g)(3), the federal statute that prohibits possession of firearms by a person who “is an unlawful user of or addicted to any controlled substance,” violates the Second Amendment as applied to an individual who sometimes used marijuana but was not intoxicated at the time of the possession. II. Whether 18 U.S.C. § 922(g)(3)’s prohibition on firearm possession by “an unlawful user” of “any controlled substance” is unconstitutionally vague.

Docket Entries

2025-12-23
DISTRIBUTED for Conference of 1/9/2026.
2025-12-19
2025-12-19
Reply of petitioner Erik Harris filed. (Distributed)
2025-12-08
Memorandum for the United States of United States submitted.
2025-12-08
Memorandum of respondent United States filed.
2025-11-26
Motion to extend the time to file a response is granted and the time is further extended to and including December 8, 2025.
2025-11-25
Motion of United States for an extension of time submitted.
2025-11-25
Motion to extend the time to file a response from December 1, 2025 to December 8, 2025, submitted to The Clerk.
2025-10-31
Motion to extend the time to file a response is granted and the time is extended to and including December 1, 2025.
2025-10-30
Motion of United States for an extension of time submitted.
2025-10-30
Motion to extend the time to file a response from October 30, 2025 to December 1, 2025, submitted to The Clerk.
2025-10-29
Amicus brief of Second Amendment Foundation, California Rifle & Pistol Association, Incorporated, Second Amendment Law Center, Operation Blazing Sword-Pink Pistols, Minnesota Gun Owners Caucus, and Minnesota Gun Owners Law Center submitted.
2025-10-29
Brief amici curiae of Second Amendment Foundation, et al. filed.
2025-10-14
Amicus brief of Professor Joel S. Johnson submitted.
2025-10-14
Brief amicus curiae of Professor Joel S. Johnson filed.
2025-09-26
Petition for a writ of certiorari filed. (Response due October 30, 2025)

Attorneys

Erik Harris
Renee Domenique PietropaoloFederal Public Defender's Office, Petitioner
Renee Domenique PietropaoloFederal Public Defender's Office, Petitioner
Renee Domenique PietropaoloFederal Public Defender's Office, Petitioner
Professor Joel S. Johnson
Joel Stephen JohnsonPepperdine Caruso School of Law, Amicus
Joel Stephen JohnsonPepperdine Caruso School of Law, Amicus
Joel Stephen JohnsonPepperdine Caruso School of Law, Amicus
Second Amendment Foundation, California Rifle & Pistol Association, Incorporated, Second Amendment Law Center, Operation Blazing Sword-Pink Pistols, Minnesota Gun Owners Caucus, and Minnesota Gun Owners Law Center
Konstadinos T. MorosSecond Amendment Foundation, Amicus
Konstadinos T. MorosSecond Amendment Foundation, Amicus
Konstadinos T. MorosSecond Amendment Foundation, Amicus
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent