Politics

/

ArcaMax

Supreme Court to hear challenge to federal gun ban for drug users

Michael Macagnone, CQ-Roll Call on

Published in Political News

WASHINGTON — The Supreme Court announced Monday that it will decide the constitutionality of a federal law banning gun possession for anyone who is an “unlawful user” or addicted to any controlled substance.

Ali Danial Hemani was charged with violating the law when federal agents found cocaine, marijuana and a pistol during a search of his home. In a court filing, the government said Hemani told the FBI that he used marijuana about every other day, and that the cocaine belonged to him.

The U.S. Court of Appeals for the 5th Circuit held that the law violated the Second Amendment and only could be applied if Hemani or other defendants were under the influence at the time of their arrest with a firearm.

The Trump administration then appealed the ruling, arguing that while unjustified restrictions on gun rights “present a grave threat to Americans’ most cherished freedoms,” banning drug users from having guns was needed for public safety.

“Courts should exercise the utmost vigilance in guarding that right from legislative or regulatory infringement. There are, however, narrow circumstances in which the government may justifiably burden that right,” the administration said.

The federal ban addresses the dangerous combination of drugs and guns in a measured way, the government wrote, “prohibiting the possession of firearms only by habitual users of illegal drugs and allowing a person to regain the ability to possess firearms simply by ceasing his habitual illegal drug use.”

At least 32 states and territories have enacted similar laws, the government said.

The justices will likely hear oral arguments in the case and issue a decision by the end of the court’s term next June.

 

Earlier this month, the justices agreed to hear a dispute over the constitutionality of a Hawaii law restricting the concealed carrying of firearms at certain locations.

The case is the latest in a series of firearms law cases taken by the Supreme Court since the conservative majority expanded gun rights in the 2022 case of New York State Rifle & Pistol Association Inc. v. Bruen, which held that gun restrictions had to have historical examples to pass muster under the Second Amendment to the Constitution.

Last year, the justices upheld a federal gun possession ban for defendants subject to some kinds of domestic violence restraining orders in United States v. Rahimi, and the majority said that courts can use analogues, rather than exact historical examples, when examining gun restrictions.

In trying to justify the law in the Hemani case, the DOJ compared it to historical restrictions on gun possession for “habitual drunkards.”

“This restriction provides a modest, modern analogue of much harsher founding-era restrictions on habitual drunkards, and so it stands solidly within our Nation’s history and tradition of regulation,” the Trump administration wrote. “And habitual illegal drug users with firearms present unique dangers to society — especially because they pose a grave risk of armed, hostile encounters with police officers while impaired.”

The case is United States v. Ali Danial Hemani.


©2025 CQ-Roll Call, Inc., All Rights Reserved. Visit cqrollcall.com. Distributed by Tribune Content Agency, LLC.

 

Comments

blog comments powered by Disqus

 

Related Channels

The ACLU

ACLU

By The ACLU
Amy Goodman

Amy Goodman

By Amy Goodman
Armstrong Williams

Armstrong Williams

By Armstrong Williams
Austin Bay

Austin Bay

By Austin Bay
Ben Shapiro

Ben Shapiro

By Ben Shapiro
Betsy McCaughey

Betsy McCaughey

By Betsy McCaughey
Bill Press

Bill Press

By Bill Press
Bonnie Jean Feldkamp

Bonnie Jean Feldkamp

By Bonnie Jean Feldkamp
Cal Thomas

Cal Thomas

By Cal Thomas
Christine Flowers

Christine Flowers

By Christine Flowers
Clarence Page

Clarence Page

By Clarence Page
Danny Tyree

Danny Tyree

By Danny Tyree
David Harsanyi

David Harsanyi

By David Harsanyi
Debra Saunders

Debra Saunders

By Debra Saunders
Dennis Prager

Dennis Prager

By Dennis Prager
Dick Polman

Dick Polman

By Dick Polman
Erick Erickson

Erick Erickson

By Erick Erickson
Froma Harrop

Froma Harrop

By Froma Harrop
Jacob Sullum

Jacob Sullum

By Jacob Sullum
Jamie Stiehm

Jamie Stiehm

By Jamie Stiehm
Jeff Robbins

Jeff Robbins

By Jeff Robbins
Jessica Johnson

Jessica Johnson

By Jessica Johnson
Jim Hightower

Jim Hightower

By Jim Hightower
Joe Conason

Joe Conason

By Joe Conason
Joe Guzzardi

Joe Guzzardi

By Joe Guzzardi
John Stossel

John Stossel

By John Stossel
Josh Hammer

Josh Hammer

By Josh Hammer
Judge Andrew P. Napolitano

Judge Andrew Napolitano

By Judge Andrew P. Napolitano
Laura Hollis

Laura Hollis

By Laura Hollis
Marc Munroe Dion

Marc Munroe Dion

By Marc Munroe Dion
Michael Barone

Michael Barone

By Michael Barone
Mona Charen

Mona Charen

By Mona Charen
Rachel Marsden

Rachel Marsden

By Rachel Marsden
Rich Lowry

Rich Lowry

By Rich Lowry
Robert B. Reich

Robert B. Reich

By Robert B. Reich
Ruben Navarrett Jr.

Ruben Navarrett Jr

By Ruben Navarrett Jr.
Ruth Marcus

Ruth Marcus

By Ruth Marcus
S.E. Cupp

S.E. Cupp

By S.E. Cupp
Salena Zito

Salena Zito

By Salena Zito
Star Parker

Star Parker

By Star Parker
Stephen Moore

Stephen Moore

By Stephen Moore
Susan Estrich

Susan Estrich

By Susan Estrich
Ted Rall

Ted Rall

By Ted Rall
Terence P. Jeffrey

Terence P. Jeffrey

By Terence P. Jeffrey
Tim Graham

Tim Graham

By Tim Graham
Tom Purcell

Tom Purcell

By Tom Purcell
Veronique de Rugy

Veronique de Rugy

By Veronique de Rugy
Victor Joecks

Victor Joecks

By Victor Joecks
Wayne Allyn Root

Wayne Allyn Root

By Wayne Allyn Root

Comics

Al Goodwyn Chris Britt Jon Russo John Deering Steve Kelley Margolis and Cox