Firearms Posts

Protections of Vagueness Doctrine Regarding Crimes of Violence (18 U.S.C. § 924(c)(3)(B))

Vagueness Doctrine as a Shield for Criminal Defendants: (“[On June 24, 2019], as expected, the Supreme Court invalidated 18 U.S.C. § 924(c)(3)(B). In United States v. Davis, the court declared that the categorical approach is dead, and with it Section 924(c)(3)(B). Justice Neil Gorsuch wrote the opinion for a 5-4 majority (joined by the four more liberal justices), and Justice Brett Kavanaugh wrote the dissent. * * * This case involved the constitutionality of a federal criminal statute — Section 924(c). Section 924(c) makes it a crime to use a firearm during or in relation to a crime of violence, and Section 924(c)(3)(B) (now defunct) defined a crime of violence as ‘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.'”)