Supreme Court sides with Texas man who challenged law barring drug users from having guns

Supreme Court sides with Texas man who challenged law barring drug users from having guns

By Melissa Quinn

Washington - The Supreme Court on Thursday ruled in favor of a Texas man who challenged a federal law that bars certain drug users from having firearms.

In a unanimous decision in the case U.S. v. Hemani, the justices found that Ali Hemani's prosecution for having a firearm while he was an unlawful drug user is inconsistent the Second Amendment. Hemani allegedly was only an occasional user of marijuana when the FBI found a handgun at his Texas home in 2022.

The ruling from the Supreme Court is narrow, since the justices did not strike down the law at the center of the case in its entirety. Justice Neil Gorsuch authored the majority opinion for the court.

The law forbids an unlawful drug user from possessing firearms, and violators face up to 15 years in prison. The Justice Department estimates roughly 300 people are charged with the offense each year.

Perhaps the most high-profile person convicted under the law was Hunter Biden, former President Joe Biden's son, though he was pardoned by his father in December 2024.

The government's case against Hemani focused solely on his marijuana use, which his lawyers said did not make him dangerous. Forty states have legalized marijuana use to some degree in recent years, adding a wrinkle to the legal battle. While it remains illegal at the federal level, President Trump signed an executive order in December to reschedule marijuana to a lower drug classification.

While he has also taken steps to bolster Second Amendment rights, Mr. Trump's administration also defended the ban on possession by drug users before the Supreme Court and urged it to uphold the restriction.

In filings with the high court, the Justice Department said the Second Amendment allows Congress to restrict gun possession by habitual drug users. Backing the Trump administration were gun violence prevention groups like the Brady Center for Prevent Gun Violence and Giffords Law Center to Prevent Gun Violence.

But on the other side, the American Civil Liberties Union signed on as co-counsel to represent Hemani. Also backing him were gun rights groups like the National Rifle Association.