US Supreme Court Weighs In on Gun Ownership and Substance Abuse Laws: A Case of Conflicting Rights
The US Supreme Court has agreed to review a case that challenges a federal law requiring individuals with a history of marijuana use to undergo stricter background checks before purchasing firearms. The case, which originated in Texas, pits the government's efforts to restrict gun possession among frequent users against constitutional protections for gun ownership.
According to the case, Ali Danial Hemani was charged with felony gun possession after he admitted to regular marijuana use during a search of his home by federal authorities. The law at issue is similar to one that led to Hunter Biden's conviction in 2024, before his father's pardon. This law requires individuals convicted of habitual substance abuse to disclose their status when purchasing firearms.
In its decision to review the case, the Supreme Court will consider whether the government can disarm individuals who habitually use unlawful drugs, even if they are not under the influence while possessing a firearm. The court has previously interpreted the Second Amendment as protecting an individual's right to bear arms and expanding it in cases like Bruen v. City of New York, which ruled against a New York state law requiring special circumstances for concealed carry permits.
The government argues that allowing frequent marijuana users to possess firearms without undergoing stricter background checks would undermine founding-era laws restricting the rights of individuals who use excessive amounts of alcohol. This stance reflects an originalist interpretation of the Second Amendment's context and meaning, which advocates are pushing back against with arguments referencing 18th-century analogues.
At stake is not just Hemani's case but hundreds of prosecutions each year where federal authorities have attempted to disarm individuals suspected of habitual substance abuse under similar laws. The Supreme Court's decision will provide crucial guidance on the limits of government power and the balance between individual rights, including those related to gun ownership and substance use.
The US Supreme Court has agreed to review a case that challenges a federal law requiring individuals with a history of marijuana use to undergo stricter background checks before purchasing firearms. The case, which originated in Texas, pits the government's efforts to restrict gun possession among frequent users against constitutional protections for gun ownership.
According to the case, Ali Danial Hemani was charged with felony gun possession after he admitted to regular marijuana use during a search of his home by federal authorities. The law at issue is similar to one that led to Hunter Biden's conviction in 2024, before his father's pardon. This law requires individuals convicted of habitual substance abuse to disclose their status when purchasing firearms.
In its decision to review the case, the Supreme Court will consider whether the government can disarm individuals who habitually use unlawful drugs, even if they are not under the influence while possessing a firearm. The court has previously interpreted the Second Amendment as protecting an individual's right to bear arms and expanding it in cases like Bruen v. City of New York, which ruled against a New York state law requiring special circumstances for concealed carry permits.
The government argues that allowing frequent marijuana users to possess firearms without undergoing stricter background checks would undermine founding-era laws restricting the rights of individuals who use excessive amounts of alcohol. This stance reflects an originalist interpretation of the Second Amendment's context and meaning, which advocates are pushing back against with arguments referencing 18th-century analogues.
At stake is not just Hemani's case but hundreds of prosecutions each year where federal authorities have attempted to disarm individuals suspected of habitual substance abuse under similar laws. The Supreme Court's decision will provide crucial guidance on the limits of government power and the balance between individual rights, including those related to gun ownership and substance use.