The Supreme Court will hear arguments in United States v. Hemani on Monday to determine whether a federal statute that prohibits firearm possession by a person who “is an unlawful user of or addicted to any controlled substance” violates the Second Amendment.
Federal agents searched the home of respondent Ali Hemani in Texas for alleged travel and communications linked to Iran. According to the indictment, “the sole factual allegations state that on or about Aug. 3, 2022, Mr. Hemani knew that he was an unlawful user of a controlled substance and knowingly possessed a Glock 19, 9mm pistol.”
The case does not involve allegations of violent conduct connected to the firearm, but instead focuses solely on the intersection of substance use and firearm possession under federal law.
Hemani argued that applying the law, 18 U.S.C. § 922(g)(3), to his conduct is unconstitutional under the Second Amendment. Lower courts agreed and dismissed the charge before the federal government appealed and the case was brought before the Supreme Court.
The United States maintains that the statute is consistent with historical firearm regulations and therefore does not violate constitutional protections. Hemani counters that such historical restrictions were temporary and conduct-based, for example, prohibiting carrying a firearm while actively intoxicated, rather than permanent bans tied to drug usage.
The court’s decision could clarify how far Congress may go in restricting firearm possession based on an individual’s status as an unlawful user of controlled substances. While marijuana remains illegal under federal law, many states have legalized it for medical and recreational purposes.
If the court sides with Hemani, the case could have significant implications for those who legally use marijuana but remain subject to federal firearm restrictions.
Morgan Knight and Dru Strand are reporters for HUNewsService.com and will cover this Supreme Court case on Monday.
