United States v. Hemani · ¶26

These laws, the government insists, mirror § 922(g)(3)'s unlawful user provision in three important respects. Two might be said to concern the “why” associated with these laws, the last their “how.” First, the government says, historical laws targeted habitual drunkards for the same reason § 922(g)(3) targets unlawful users—because they regularly use intoxicants. See id., at 17 (calling habitual drunkards and unlawful users “closely analogous”). Second, the government submits, habitual drunkard laws restricted the liberties of people to the same end § 922(g)(3) does—to protect the public from “unusually dangerous” individuals who commit “violent crime[s].” Id., at 11, 13–14, 22, 34. Finally, the government argues, the historical laws it cites operated in practice much like § 922(g)(3) works—the former allowed governments to detain people in places where they could not bear arms while §…

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