Cox & Mazzoli


Supreme Court Limits Gun Prosecutions

Supreme Court Limits Gun Prosecutions

This past June, in United States v. Davis, the Supreme Court invalidated section 924(c)(3)(B) as unconstitutionally void for vagueness.  Section 924(c) makes it a federal crime to use a firearm during and in relation to a crime of violence or narcotics case.  And section 924(c)(3)(B) provided one of the statute's definitions of what a crime of violence is - "any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense."

United States v. Davis is a welcome addition to the cases relying on Johnson v. United States, which is a decision that invalidated the Armed Career Criminal Act's residual clause as unconstitutionally void for vagueness.

It is critical that people charged with federal criminal offenses hire aggressive, experienced federal criminal defense attorneys who are knowledgeable about all recent decisions that can affect their cases.

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