Unlawful user of or addict to a controlled substance 18 U.S.C. § 922 (g) (3) and case law do not provide clear guidance on who is considered to be an unlawful user of or addict to a controlled substance. The Bureau of Alcohol, Tobacco, Firearms and Explosives regulations require that the use must have occurred "recently enough to indicate that the individual is actively 4 Summary Of Federal Firearms Laws—September 2010 engaged in such conduct." 27 C.F.R. pt 178.11. While case law is limited in this area, most cases have reached a similar conclusion. Several early cases claimed that the statute is unconstitutionally vague because it fails to define a period during which the drug use and the possession of the firearm must have occurred. United States v. Reed, 114 F.3d 1067, 1071 (10th Cir. 1997) held that the judicially created requirement of a temporal nexus is sufficient to overcome the vagueness of the statute. Courts now examine the "pattern and recency" of the defendant's drug use in determining if there is a temporal nexus between the possession of the firearm and drug use. Obviously, the easiest method of demonstrating drug use is to question the defendant regarding his or her drug use habits." Use" also may be demonstrated through drug tests and arrest records. If a defendant is found with a small quantity of drugs and a gun, good police work is essential in determining the most appropriate charge. If the defendant says that drugs are only for personal use, he or she may be charged under § 922(g) (3). If the defendant is a distributor, then § 924 (c) may apply.
I would say that this was the charge if I had to guess.