The Brief The Supreme Court ruled 18 U.S.C. § 922(g)(3) unconstitutional, striking down the federal law that automatically bans unlawful drug users from owning firearms. Justice Gorsuch rejected government efforts to compare modern drug users to historical  habitual drunkards,  stating the modern law lacks the necessary due process and proof of actual danger or impairment. The ruling leaves a major unknown regarding how the federal government will pivot its gun enforcement strategy for individuals using controlled substances, including marijuana.



The Supreme Court has ruled that a federal law automatically banning unlawful drug users from possessing firearms is unconstitutional, dealing a major blow to the government's efforts to disarm individuals over routine drug use.

In a decision delivered by Justice Neil Gorsuch, the high court found that the government's prosecution of Ali Danial Hemani, who admitted to owning a gun while using marijuana a few times a week, violates the Second Amendment.

Ali Hemani

Ali Hemani is a dual citizen of the United States and Pakistan who was born in Texas and has spent most of his life in the Dallas area.

The backstory:

Law enforcement searched the Hemani family home in 2022 under suspicion of terrorism-related activities. Mr. Hemani was fully cooperative: he surrendered a gun, pointed out marijuana on the property, and admitted during an interview that he used marijuana  about every other day. 

No terrorism or drug-trafficking charges were ever brought. Instead, more than six months later, the government used his admission to indict him under 18 U.S.C. § 922(g)(3) for knowingly possessing a firearm while being an unlawful user of a controlled substance. This charge carried a penalty of up to 15 years in prison and a lifetime ban on firearm possession.

Hemani moved to dismiss the indictment, arguing that § 922(g)(3) violated his Second Amendment rights. Both the federal district court and the Fifth Circuit Court of Appeals ruled in his favor, dismissing the indictment.

The ruling:

The ruling strikes down the enforcement framework of 1

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