Supreme Court to Consider Legality of Gun Ownership Among Marijuana Users
TL/DR –
The U.S. Supreme Court plans to consider whether regular marijuana smokers can legally own guns. This follows a request from President Trump’s administration to revive a case against a Texas man charged with a felony for owning a gun and being a regular pot user. Due in 2026, the court’s decision will be another data point in the application of the Supreme Court’s new test for firearm restrictions, which mandates that any gun control measures must have strong historical rationales.
Supreme Court to Consider Gun Rights for Regular Marijuana Users
The Supreme Court announced on Monday that it will scrutinize if regular marijuana users can legally possess guns, becoming the latest firearm case under review following its 2022 expansion of gun rights.
This decision was triggered by the Trump administration’s appeal to revisit a case against a Texas man charged with a felony for possessing a gun while admitting to consistent marijuana use. The lower court’s decision to largely strike down the law banning gun ownership for illicit drug users precipitated this appeal.
The man in question, Ali Danial Hemani, had his felony charge removed after the 5th U.S. Circuit Court of Appeals declared the blanket ban unconstitutional. This ruling, however, still permits the law’s application against those found inebriated and armed simultaneously.
Hemani’s lawyers have countered, arguing that the law’s vague language potentially incriminates millions who have tried pot, supported by government health data that states 20% of Americans have indulged in marijuana use. This is significant as although half the states have legalized recreational marijuana, it remains federally illegal.
On the other side, the Justice Department insists the law is still valid against habitual drug users as they could pose significant public safety risks. In Hemani’s case, they highlighted an FBI discovery of a gun and cocaine in his home during an unrelated investigation. Hemani’s lawyers disputed these claims, suggesting these allegations were only added to depict him as dangerous.
RELATED: Supreme Court to Discuss Hawaii’s Strict Gun Ban on Private Property
This case presents another critical point in the practical application of the Supreme Court’s new standard for firearm restrictions. The conservative majority established in 2022 that the Second Amendment typically grants people the right to carry guns in public for self-defense, subject to historical precedent. This landmark ruling sparked numerous challenges to firearm laws nationwide, though some federal laws, like the one protecting domestic violence victims by disallowing guns for individuals with restraining orders, have been upheld.
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