United States v. Hemani · ¶46

None of that holds true for § 922(g)(3). On the government's account, the statute automatically divests an individual of his constitutional right to bear arms the moment he becomes an unlawful user and until he ends his drug use— all without any pre-deprivation process. To be sure, and as the government highlights, an unlawful user who violates this ban is entitled to “a full-dress criminal trial” before he can be imprisoned or permanently disarmed. Brief for United States 26. But be that as it may, § 922(g)(3) offers an unlawful user no pre-deprivation process before his “ `temporary disarmament,' ” the very burden the government says is akin to the burden vagrancy, civil-commitment, and surety laws imposed on habitual drunkards. Ibid.

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