ACLU and Other Legal Groups File Brief With U.S. Supreme Court Arguing Federal Gun Ban for Marijuana Users Is Unconstitutional

OG article by Anthony Martinelli

January 28, 2026

A coalition led by the ACLU filed an amicus brief with the U.S. Supreme Court in United States v. Hemani, arguing that the federal ban on gun possession for marijuana users under 18 U.S.C. §922(g)(3) is unconstitutional. The case involves Ali Danial Hemani, charged for possessing a handgun at home while admitting occasional marijuana use, without claims of intoxication or addiction. The brief contends the law is unconstitutionally vague, as "unlawful user" lacks clear definition, causing inconsistent court rulings on frequency and recency of use. This violates due process by failing to provide fair notice, particularly when it impacts Second Amendment-protected home firearm possession. The filing rejects government historical analogies, such as laws against carrying guns while intoxicated, noting they targeted active impairment—not sober possession after prior use. No founding-era tradition existed of disarming people for regular intoxicant consumption, even habitual drinking. Most states avoid such disarmament, and marijuana's potential Schedule III reclassification undermines the ban's rationale. A separate brief by Corey J. Biazzo echoes that regulations should address dangerous conduct, not mere status, to prevent inconsistent constitutional application. The arguments highlight risks of depriving law-abiding citizens of rights without evidence of danger.