Supreme Court Unanimously Rejects Federal Gun Ban For Marijuana Users

By: Shawn Fleetwood | The Federalist

The U.S. Supreme Court unanimously held on Thursday that the federal government’s use of a federal law restricting gun possession for certain unlawful drug users to be “inconsistent with the Second Amendment.”

“The Second Amendment protects the right of ‘all Americans’ to keep and bear firearms for self defense,” the court’s “narrow” ruling reads. “Affording the government ‘broad power to designate any group as dangerous and thereby disqualify its members from having a gun’ would risk allowing it to ‘quickly swallow’ the Second Amendment.”

Known as U.S. v. Hemani, the case centers around the government’s prosecution of Ali Hemani, a Texas resident who was charged under a provision (18 U.S. Code § 922(g)(3)) of the 1968 Gun Control Act that prohibits a person who is “an unlawful user of or addicted to any controlled substance” from possessing a firearm. Hemani is admittedly a regular marijuana user.

The statute was previously used to indict Hunter Biden several years ago.

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