Supreme Court to Hear case on Gun Rights of Drug Users
WASHINGTON – The Supreme Court has agreed to review whether individuals who regularly use illegal drugs forfeit their Second Amendment right to bear arms.The case,U.S. v. Hemani, challenges rulings from two federal appeals courts that struck down a 1968 federal law prohibiting gun possession by “unlawful users” of drugs, including marijuana.
The Trump administration is defending the law, arguing it aligns wiht historical restrictions on gun ownership by “common drunkards” in early America. Government lawyers contend the restriction is a “modest, modern” measure necessary because armed drug users “present unique dangers to society,” particularly a heightened risk during encounters with law enforcement while impaired.
The administration clarifies the ban applies specifically to individuals with a pattern of illegal drug use, not those with occasional or past use, and is “inherently temporary,” removable by ceasing drug use. They also point out that 32 states, including California, currently have similar restrictions on gun possession by drug users and addicts, which could be impacted by a broad interpretation of the Second Amendment.
The case centers on Ali Denali Hemani, a Texas man investigated by the FBI for alleged ties to the Iranian Revolutionary guard Corps. A search of his home revealed a Glock pistol, marijuana (60 grams), and cocaine (4.7 grams). Hemani admitted to using marijuana approximately every other day.
He was charged with violating the federal gun control law, but the Fifth Circuit Court of Appeals in New Orleans ruled the ban unconstitutional unless the defendant was under the influence of drugs at the time of arrest. The Eighth circuit Court of Appeals,based in St. Louis, reached a similar conclusion.
The Trump administration petitioned the Supreme Court to hear the case and overturn these lower court decisions. Oral arguments are expected in January.
In a related case last year, the Court upheld restrictions on gun ownership for individuals charged with domestic violence, ruling in an 8-1 decision that those who “threaten physical harm to others” can lose their Second Amendment rights. Chief Justice john G. Roberts stated this reflects a historical precedent.
