Supreme Court clears way for habitual marijuana users to own guns

Supreme Court clears way for habitual marijuana users to own guns

(Daily Caller News Foundation) - The Supreme Court unanimously ruled Thursday that marijuana users have a constitutional right to own firearms.

By Rebeka Zeljko

The United States v. Hemani case was ruled in a 9-0 decision, upholding the Second Amendment rights of marijuana users. Justice Neil Gorsuch emphasized that the decision was a "narrow one" and that the ruling is not intended to allow drug addicts to own a firearm. This ruling also does not address federal laws that make it a crime for convicted felons to own a firearm.

Gorsuch argued that the government relied on laws targeting "habitual drunkards," saying those laws targeted different people for different purposes and operated in different ways.

"In these circumstances, marijuana use today is like alcohol use at the founding," Justice Samuel Alito wrote in a concurring opinion.

The case stems from the federal prosecution of Ali Hemani, a dual U.S.-Pakistani citizen. Hemani, a resident of the Dallas area, was targeted by the government under suspicion that he and his family had engaged in terrorism related activities. During the course of the investigation, Hemani cooperated with federal law enforcement and surrendered a firearm he owned, while admitting to federal agents that he smoked marijuana frequently.

On these grounds, federal prosecutors sought charges against Hemani over his possession of a firearm while using a controlled substance. "The government's prosecution of Mr. Hemani under 922(g)(3)'s unlawful user provision is inconsistent with the Second Amendment," the Supreme Court held.