Overview
- The Court heard arguments in United States v. Hemani, which challenges 18 U.S.C. § 922(g)(3), the federal bar on firearm possession by an “unlawful user” of controlled substances.
- Several justices, including Amy Coney Barrett and Neil Gorsuch, questioned the government’s analogies and posed hypotheticals about Ambien, Xanax, and state‑legal marijuana to test claims of dangerousness.
- Chief Justice John Roberts and Justice Samuel Alito probed deference to Congress and public‑safety judgments, while other justices pressed the statute’s clarity and historical fit.
- The government emphasized a narrower reading focused on habitual or regular use, and ATF has proposed an interim rule defining an “unlawful user” as someone who regularly uses a controlled substance over an extended period.
- The case arose after a Texas court dismissed Hemani’s indictment and the Fifth Circuit affirmed; a ruling expected by late June could reshape federal prosecutions, including those under the statute used in Hunter Biden’s 2024 case.