United States v. Potter, 630 F.3d 1260 (9th Cir. 2011). · Go Syfert
United States v. Potter, 630 F.3d 1260 (9th Cir. 2011). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 7 distinct courts.
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Duane Cash, Jr.
3rd Cir. · 2023 · confidence medium
See, e.g., In re Terry, Nos. 22-13615-C, 2022 WL 20033240 , at *2 (11th Cir. Nov. 14, 2022) (unpublished) (noting Bruen endorsed restrictions limiting the “intent for which one could carry arms,” and concluding that Bruen’s holding “relating to the rights of ‘ordinary, law-abiding adult citizens’ to carry handguns publicly for their self-defense” had “[no] bearing on § 924(c)’s prohibition on gun possession during a drug-trafficking crime” (citation omitted)); United States v. Burgess, No. 22-1110/22-1112, 2023 WL 179886 , at *5 (6th Cir. Jan. 13, 2023) (nonprecedential) (…
discussed Cited as authority (rule) Iwai v. United States
D. Haw. · 2023 · confidence medium
State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S.Ct. 2111, 2122 (2022) (explaining that the Second Amendment protects “the right of an ordinary, law- abiding citizen” to possess or carry a handgun for self-defense) (emphasis added); United States v. Potter, 630 F.3d 1260, 1261 (9th Cir. 2011) (rejecting the argument that Section 924(c) violates the Second Amendment because said Amendment only protects the “lawful” possession of a firearm).
discussed Cited as authority (rule) United States v. Rhett Irons
9th Cir. · 2022 · signal: cf. · confidence medium
Cf. United States v. Potter, 630 F.3d 1260, 1261 (9th Cir. 2011) (stating that a firearm is possessed “in furtherance of” drug trafficking if one of the defendant’s purposes is to facilitate drug trafficking, even if an additional purpose is to protect the home generally).
discussed Cited as authority (rule) People v. Gonzalez
Cal. Ct. App. · 2022 · confidence medium
The court concluded the enhancement was “consistent with the historical understanding of the right to keep and bear arms, which did not extend to possession of weapons for unlawful purposes,” as any holding to the contrary “would suggest that the Second Amendment protects an individual’s right to possess a weapon for criminal purposes.” (Id. at p. 520; see also, e.g., United States v. Bryant (2d Cir. 2013) 711 F.3d 364, 369 (per curiam) [recognizing “an implicit limitation” on the exercise of the Second Amendment right to bear arms “for ‘lawful purpose[s]’” in rejecting a…
discussed Cited as authority (rule) United States v. Bryant
2d Cir. · 2013 · confidence medium
“Both implicitly and explicitly, the Court made clear that its holding concerned the lawful possession and use of a firearm [and] ... it cannot seriously be contended that the Second Amendment guarantees a right to use a firearm in furtherance of drug trafficking.” United States v. Potter, 630 F.3d 1260, 1261 (9th Cir.2011) (rejecting as-applied and facial challenges to constitutionality of § 924(c)). *370 The “Constitution does not give anyone the right to be armed while committing a felony, or even to have guns in the next room for emergency use should suppliers, customers, or the pol…
discussed Cited "see" State of Iowa v. Kevin Dwayne Woods, Jr. (2×)
Iowa · 2025 · signal: see · confidence high
See United States v. Potter, 630 F.3d 1260, 1261 (9th Cir. 2011) (per curiam) (“[I]t cannot seriously be contended that the Second Amendment guarantees a right to use a firearm in furtherance of drug trafficking.” (emphasis omitted)); Jackson, 555 F.3d at 636 (recognizing Heller’s qualification of the Second Amendment right to “keep and bear arms for the purpose of lawful self-protection” and holding that the right does not extend to a drug dealer’s “decision to operate an illegal home business,” even if he did live in a dangerous neighborhood).
discussed Cited "see" United States v. Ethan Berry (2×)
9th Cir. · 2012 · signal: see · confidence high
See United States v. Potter, 630 F.3d 1260, 1260-61 (9th Cir. 2011).
cited Cited "see" United States v. David Palumbo
9th Cir. · 2012 · signal: see · confidence high
See United States v. Potter, 630 F.3d 1260, 1261 (9th Cir.2011).
cited Cited "see" United States v. Lucas, Richardson
2d Cir. · 2012 · signal: see · confidence high
See United States v. Potter, 630 F.3d 1260, 1261 (9th Cir.2011).
cited Cited "see" Nordyke v. King
9th Cir. · 2011 · signal: see · confidence high
See United States v. Potter, 630 F.3d 1260 (9th Cir.2011).
cited Cited "see" Nordyke v. King
9th Cir. · 2011 · signal: see · confidence high
See United States v. Potter, 630 F.3d 1260 (9th Cir.2011).
discussed Cited "see, e.g." United States v. Huet
3rd Cir. · 2012 · signal: see, e.g. · confidence medium
See, e.g., United States v. Potter, 630 F.3d 1260, 1261 (9th Cir.2011) (per curiam) (rejecting a defendant’s challenge to his conviction for possession of a firearm in furtherance of drug trafficking and concluding that “[e]ven if [the defendant] kept the firearm also to protect himself and his home,” it could not “seriously be contended that the Second Amendment guarantees a right to use a firearm in furtherance of drug trafficking ”).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Ronald Craig POTTER, Defendant-Appellant
09-30266.
Court of Appeals for the Ninth Circuit.
Jan 26, 2011.
630 F.3d 1260
John R. Muenster, Muenster & Koenig, Seattle, WA, for the defendant-appellant., Michael S. Morgan, Assistant United States Attorney, Seattle, WA, for the plaintiff-appellee.
Graber, Smith, Benitez.
Cited by 14 opinions  |  Published

OPINION

PER CURIAM:

Defendant Ronald Craig Potter challenges his conviction for possession of a firearm in furtherance of drug trafficking, in violation of 18 U.S.C. § 924(c)(1)(A). He argues that the statute is unconstitutional on its face or as applied, because it violates the Second Amendment. Review[*1261] ing de novo, United States v. Vongxay, 594 F.3d 1111, 1114 (9th Cir.), cert. denied, — U.S.-, 131 S.Ct. 294, 178 L.Ed.2d 193 (2010), we affirm. [1]

In District of Columbia v. Heller, 554 U.S. 570, 635, 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008), the Supreme Court held that the right to bear arms is a personal right, rather than a collective or State right, and that the District of Columbia’s complete ban on firearms in the home violated the Second Amendment. Defendant argues that, because he has a personal right to bear arms in his home, § 924(c)(1)(A) is unconstitutional. We disagree.

Both implicitly and explicitly, the Court made clear that its holding concerned the lawful possession and use of a firearm. Although the courts undoubtedly will continue to develop the full scope of the rights conferred by the Second Amendment, it cannot seriously be contended that the Second Amendment guarantees a right to use a firearm in furtherance of drug trafficking. In Heller, the Court emphasized that “the right secured by the Second Amendment is not unlimited” and that

nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.

Id. at 626-27, 128 S.Ct. 2783.

Not surprisingly, the plurality opinion in the Court’s later Second Amendment case described the “central holding in Heller ” as “the Second Amendment protects a personal right to keep and bear arms for lawful purposes.” McDonald v. City of Chicago, — U.S. -, 130 S.Ct. 3020, 3044, 177 L.Ed.2d 894 (2010) (plurality) (emphasis added). Clearly, the furtherance of drug trafficking is not a lawful purpose. We join the Seventh Circuit in holding that § 924(c) is constitutional under the Second Amendment. United States v. Jackson, 555 F.3d 635, 636 (7th Cir.), cert. denied, — U.S. ---, 130 S.Ct. 147, 175 L.Ed.2d 95 (2009); see also Vongxay, 594 F.3d at 1118 (holding that 18 U.S.C. § 922(g)(1), which criminalizes the possession of firearms by certain felons, is constitutional).

For the same reasons, the district court properly rejected Defendant’s proposed “Second Amendment defense” instruction. Defendant asked that the jury be instructed that it must find, in addition to finding that the firearm was possessed in connection with drug trafficking, that the firearm also was not possessed for the defense of Defendant, his family, and his property. Even if he kept the firearm also to protect himself and his home, he committed a crime because he possessed the firearm in furtherance of drug trafficking. The final jury instructions were correct. See also United States v. Morsette, 622 F.3d 1200, 1200-01 (9th Cir.2010) (per curiam) (holding that Heller and McDonald did not require alteration of a jury instruction concerning self-defense in a criminal trial).

AFFIRMED.

1

. In an unpublished disposition filed concurrently with this opinion, we reject Defendant's other arguments.