Second Amendment Update: Defendant Challenges Laws Disarming Unlawful Drug Users and Those Under Pretrial Indictment

Second Amendment Update 
By Robert Phillips  
Deputy District Attorney (ret.) 

Legal Issues 

• Possession of a Firearm by Unlawful Drug User, per 18 U.S.C. § 922(g)(3) 
• Possession of a Firearm by Pretrial Person Under Indictment, per 18 U.S.C. § 922(n) 

A Ninth Circuit Court of Appeals federal ruling upheld the constitutionality of gun laws applying the mandate that a court must consider the Second Amendment’s historical precedent, as determined by the Supreme Court’s landmark decision New York State Rifle & Pistol Association v. Bruen (2022) 597 U.S. 1.  

The Ninth Circuit case of United States v. Stennerson (9th Cir. Sept. 9, 2025) 150 F.4th 1276, involved an admitted meth addict by the name of Jaren Michael Stennerson. Stennerson got popped twice in the span of 2½ years, first in August 2019, when he was found in possession of methamphetamine and syringes. Stennerson admitted to the officers that he had the syringes because he was addicted to methamphetamine. He was charged in Montana state court with felony drug possession, and while his case was still pending, he was arrested again, this time in possession of a stolen firearm.  

Stennerson said he was in the habit of using a “shot” ....

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