The Supreme Court on Monday agreed to consider the constitutionality of the federal ban on gun possession by illegal drug users. The Trump administration is urging the justices to overturn a ruling in which the U.S. Court of Appeals for the 5th Circuit deemed prosecutions under that law inconsistent with the Second Amendment unless there is evidence that the defendant handled firearms while intoxicated. Contrary to what the 5th Circuit held, the government’s petition argues that categorically disarming drug users is “consistent with this Nation’s historical tradition of firearm regulation”—the constitutional test established by the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen.
The case, United States v. Hemani, involves a Texas man who was charged with violating 18 USC 922(g)(3), which makes it a felony for an “unlawful user” of “any controlled substance” to receive or possess a firearm. The defendant, Ali Hemani, was the subject of a terrorism investigation that included two searches of the Lewiston, Texas, home he shared with his parents. During the second search, in August 2022, FBI agents found a Glock 19 pistol that belonged to Hemani, along with less than a gram of cocaine and about two ounces of marijuana.
As Amel Ahmed explained in a Reason story about the case last year, the FBI was unable to substantiate its suspicion that Hemani, a native-born U.S. citizen whose parents are from Pakistan, was implicated in financial crimes involving Iran’s Islamic Revolutionary Guard Corps. The government’s petition nevertheless implies that Hemani is a dangerous character for reasons that extend beyond his recreational drug use. But that allegation is not relevant to the constitutional question raised by the Supreme Court case.
The law that Hemani was charged with violating applies to millions of Americans who pose no plausible threat to public safety, including cannabis consumers, even if they live in states that have legalized marijuana for medical or recreational use. The 5th Circuit first questioned the constitutionality of Section 922(g)(3) prosecutions in 2023, when it overturned the conviction of Patrick Darnell Daniels Jr., who was sentenced to nearly four years in federal prison after he was caught with two guns and the remains of a few joints during a routine traffic stop in Hancock County, Mississippi.
Hellbound and Down 