Derby Clerfe was indicted and pleaded guilty to conspiring to violate federal laws by exporting handguns from the United States to Haiti without filing the required export information. The Third Circuit Court, in an opinion authored by Judge David Porter and joined by Chief Judge Michael Chagares and Judge Jane Roth, ruled that the Second Amendment's right to "keep and bear Arms" does not extend to sending firearms abroad in violation of arms-trafficking laws.

The court referenced the Supreme Court's interpretation in Heller, which defined "keep Arms" as the right to have weapons, noting that exporting firearms involves dispossessing oneself of them and thus falls outside this right. Clerfe argued that the Second Amendment's prohibition on "infringements" should cover his conduct, but the court disagreed, emphasizing that constitutional protections focus on the right to possess and carry weapons for confrontation, not commercial or export activities.

The ruling also cited a 1794 statute passed by the Third Congress titled "An Act prohibiting for a limited time the Exportation of Arms and Ammunition, and encouraging the Importation of the same." This law made it unlawful to export various arms and ammunition from the United States, reflecting early legislative intent to regulate arms exportation, likely influenced by foreign policy considerations.

This decision underscores that federal laws restricting the export of firearms remain constitutionally valid and that the Second Amendment does not provide a right to export guns internationally, including to countries like Haiti.

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