U.S. Supreme Court to Review Gun Ban for Illegal Drug Users in Key Second Amendment Case

The U.S. Supreme Court on Monday will hear arguments on whether a federal law prohibiting illegal drug users from owning firearms violates the Constitution’s Second Amendment right to “keep and bear arms.” The case stems from an appeal by the Justice Department challenging a lower court ruling that dismissed gun possession charges against Ali Hemani, a Texas resident and dual American-Pakistani citizen who admitted to regular marijuana use. Authorities discovered a Glock 9mm pistol along with marijuana and cocaine during a 2023 FBI raid on his home, though he was not accused of being intoxicated at the time.

The contested restriction originates from the 1968 Gun Control Act, which bars firearm possession by anyone who is an “unlawful user of or addicted to any controlled substance.” Hemani argued the law infringes on his constitutional rights, citing a 2022 Supreme Court decision requiring gun regulations to align with the nation’s historical tradition of firearm control. In January, the 5th U.S. Circuit Court of Appeals sided with Hemani, stating there was no historical basis for disarming a sober citizen not under the influence. The Biden-era conviction of Hunter Biden under the same statute—later followed by a presidential pardon—has also brought renewed attention to the law.

The Justice Department contends the restriction is consistent with historical precedents, likening it to 19th-century laws that allowed authorities to disarm habitual drunkards. Hemani’s lawyers, supported by the American Civil Liberties Union, counter that the statute is vague and unfairly targets marijuana users, whose drug remains classified as a Schedule I substance despite shifting public attitudes and policy debates. With the court’s conservative majority having expanded gun rights in recent years, the forthcoming ruling could significantly influence the balance between firearm regulation and constitutional protections amid ongoing national debates over gun violence.

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