Key facts
- The Supreme Court unanimously ruled that a federal law prohibiting drug users from owning firearms violates the Second Amendment.
- The ruling favored Ali Hemani, a Texas resident who admitted to regularly using marijuana.
- The decision requires the government to show a historical analogue for gun control measures to be constitutional.
- The federal law, part of the 1968 Gun Control Act, makes it illegal for unlawful users of controlled substances to possess firearms.
- The ruling does not prevent prosecution if drug use is proven at the time of firearm possession.
The U.S. Supreme Court unanimously ruled that a federal law prohibiting drug users from possessing firearms violates the Second Amendment, siding with Ali Hemani, a Texas resident who admitted to regularly smoking marijuana. Justice Neil Gorsuch wrote that the government failed to demonstrate a historical analogue for such a broad restriction, as required by the Court's 2022 Second Amendment test.
The ruling impacts the 1968 Gun Control Act, which makes it a crime for unlawful users of controlled substances to possess firearms. The government had argued that historical laws restricting habitual drunkards' gun rights supported the statute. However, the Court found that the government had not carried its burden of showing its prosecution of Hemani complies with the Second Amendment.
The decision upheld a lower court's dismissal of an illegal gun possession charge against Hemani, who was found with a pistol, marijuana, and cocaine. Hemani stated he used marijuana about every other day. The Justice Department had suggested a carve-out for FDA-approved or state-licensed medical marijuana products, but the Court's ruling is broader.
The case has implications for millions of Americans who use marijuana and own firearms. Hunter Biden was previously convicted under the same federal law.