Supreme Court To Consider Drug User Gun Possession Case
Key Facts
- • The U.S. Supreme Court has agreed to hear United States v. Hemani, a case testing whether regular drug users can legally possess firearms under the Second Amendment.
- • The case involves a Texas man charged after FBI agents found a pistol, marijuana, and cocaine in his home during a search.
- • A lower court previously struck down the federal law banning drug users from owning guns, prompting the Trump administration to appeal.
- • Federal law currently prohibits anyone “who is an unlawful user of or addicted to any controlled substance” from possessing a firearm.
- • The Trump administration argues the restriction is limited and temporary, as individuals can restore their gun rights by ceasing illegal drug use.
By Andrew Rice | The Center Square
(Worthy News) – The U.S. Supreme Court agreed on Monday to hear a case regarding whether regular drug users can possess firearms.
The case, United States v. Hemani, challenges whether federal statutes barring a person who “is an unlawful user of or addicted to any controlled substance” violates the Second Amendment.
The case centers on a Texas man who was charged with a felony when FBI agents found a pistol, marijuana and cocaine in his home after obtaining a search warrant, a petition to the court read.
The Trump administration petitioned the high court to hear the case after a lower court struck down the law barring people who use drugs such as marijuana from possessing firearms.
The Trump administration argued that regular drug users can simply stop their use to regain access to firearms under the law.
“By disqualifying only habitual users of illegal drugs from possessing firearms, the statute imposes a limited, inherently temporary restriction—one which the individual can remove at any time simply by ceasing his unlawful drug use,” the Trump administration’s petition reads.
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