Supreme Court Justices Pick Up Major Marijuana Gun Rights Case

OG Article By Shane Croucher

The Supreme Court has picked up a case that could determine whether people who regularly smoke marijuana can legally own guns after the Trump administration asked the justices to revive it. The case centers on Ali Danial Hemani, a Texas man charged with a felony because he allegedly had a gun in his home and acknowledged being a regular pot user.

The Hemani case is a flashpoint in the application of the Supreme Court's new test for firearm restrictions and may reshape gun rights for millions of unlawful drug users.

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.

The second amendment (the right of the people to keep and bear arms) is written out on a U.S. flag above a display of firearms for sale in a gun store...Read More

CHARLY DOJ Says Hundreds of Prosecutions Affected

The Department of Justice appealed to the Supreme Court after a lower court largely struck down a law that bars people who use any illegal drugs from having guns. The Trump administration favors Second Amendment rights, but government attorneys argued that this ban is a justifiable restriction.

Hemani was charged in 2023 under gun control legislation that outlaws "an unlawful user of or addicted to any controlled substance" from possessing a firearm.