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Supreme Court to Hear Case Testing Gun Ban for Unlawful Drug Users

The Trump Justice Department asks the justices to reinstate a marijuana‑user gun case under §922(g)(3), a posture that has reshuffled the usual advocacy coalitions.

Overview

  • The justices will hear United States v. Hemani on Monday at 10 a.m., with a ruling expected by June.
  • The DOJ urges reversal of a Fifth Circuit decision that limited prosecutions to people proven intoxicated while armed.
  • Government briefs argue the ban aligns with historical limits on habitual drunkards and operates as a temporary restriction that ends when drug use stops.
  • Hemani’s case stems from an August 2022 FBI search that found a firearm, about 60 grams of marijuana, and 0.95 grams of cocaine, after he admitted using marijuana every other day.
  • Unusual alignments have formed, with Brady and Giffords backing the DOJ, and the NRA, ACLU, and NORML supporting Hemani, in a dispute that could affect users of any controlled substance.