United States v. Decastro, No. 10-3773 (2d Cir. 2012)Annotate this Case
Defendant was convicted of transporting into his state of residence a firearm acquired in another state in violation of 18 U.S.C. 922(a)(3). Defendant appealed on the ground that section 922(a)(3) violated his Second Amendment right to keep and bear arms. The court held that, in light of the ample alternative means of acquiring firearms for self-defense purposes, section 922(a)(3) did not impose a substantial burden on the exercise of defendant's Second Amendment rights. Since section 922(a)(3) did not burden defendant's Second Amendment rights in a away so substantial as to justify heightened scrutiny, his facial challenge to the statute also must fail. Accordingly, the court affirmed the judgment.