The U.S. Supreme Court signaled it is likely to exempt some individuals from a federal ban on firearm possession by drug users, potentially strengthening Second Amendment gun-rights protections. The justices heard arguments in Washington concerning a 1968 federal law that prohibits gun possession by anyone deemed an "unlawful user of or addicted to any controlled substance.
The case centers on Ali Danial Hemani, a Texas man prosecuted after admitting to FBI agents that he used marijuana several times a week. The 5th U.S. Circuit Court of Appeals had previously sided with Hemani, ruling that the gun ban cannot be applied to individuals unless they are using illegal substances while in possession of a firearm. This federal law was also used to convict Hunter Biden.
During Monday's arguments, a majority of the justices, including both conservative and liberal members, questioned the law's broad applicability. Justice Amy Coney Barrett, for instance, expressed concern that the law could be applied to individuals taking prescription sleep aids like Ambien. The government, represented by the Trump administration, argued the statute is analogous to founding-era laws that restricted firearm access for "habitual drunkards." A decision in the case, United States v. Hemani (24-1234), is expected by July.
