By Lindsay Whitehurst
WASHINGTON (AP) — The Supreme Court said on Monday that it will consider whether people who regularly smoke marijuana can legally own guns, the latest firearm case to come before the court since its 2022 decision expanding gun rights.
President Donald Trump’s administration asked the justices to revive a case against a Texas man charged with a felony because he allegedly had a gun in his home and acknowledged being a regular pot user. The Justice Department appealed after a lower court largely struck down a law that bars people who use any illegal drugs from having guns.
Last year, a jury convicted Hunter Biden of violating the law, among other charges. His father, then-President Joe Biden, later pardoned him.
Arguments probably will take place early in 2026, with a decision likely by early summer.
The Republican administration favors Second Amendment rights, but government attorneys argued that this ban is a justifiable restriction.
They asked the court to reinstate a case against Ali Danial Hemani. His lawyers got the felony charge tossed out after the 5th U.S. Circuit Court of Appeals found that the blanket ban is unconstitutional under the Supreme Court’s expanded view of gun rights. The appellate judges found it could still be used against people accused of being high and armed at the same time, though.
Hemani’s attorneys argue the broadly written law puts millions of people at risk of technical violations since at least 20% of Americans have tried pot, according to government health data. About half of states legalized recreational marijuana, but it’s still illegal under federal law.
The Justice Department argues the law is valid when used against regular drug users because they pose a serious public safety risk. The government said the FBI found Hemani’s gun and cocaine in a search of his home as they probed travel and communications allegedly linked to Iran. The gun charge was the only one filed, however, and his lawyers said the other allegations were irrelevant and were mentioned only to make him seem more dangerous.
The case marks another flashpoint in the application of the Supreme Court’s new test for firearm restrictions. The conservative majority found in 2022 that the Second Amendment generally gives people the right to carry guns in public for self-defense and any firearm restrictions must have a strong grounding in the nation’s history.
The landmark 2022 ruling led to a cascade of challenges to firearm laws around the country, though the justices have since upheld a different federal law intended to protect victims of domestic violence by barring guns from people under restraining orders.
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