(FOX40.COM) — The United States Supreme Court is set to decide if a federal law that prohibits illegal drug users from owning guns is a violation of the Second Amendment of the constitution.
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On Monday, the Supreme Court agreed to examine a case where a Texas man was charged with a felony for having a gun in his home and allegedly admitting to being a regular marijuana user. The man, Ali Danial Hemani, who is a joint citizen of the U.S. and Pakistan, was accused of having 60 grams of marijuana, nearly 4 grams of cocaine, and a Glock 9 during an FBI search of his home.
According to court documents, Hemani was on FBI radar because of his travel habits and alleged connections to Iranian groups that are hostile to the United States.
Currently, federal law prohibits anyone “who is an unlawful user of or addicted to any controlled substance” from possessing a firearm. The penalty for violations is up to 10 years in prison.
Felony charges against Hemani were dropped after a federal appeals court ruled that Hemani was not under the influence during the FBI search and that the federal ban is unconstitutional. However, that ruling was challenged by the United States Justice Department who argues that “narrow circumstances” are acceptable for the government to limit Second Amendment rights. It said drugs users pose a serious safety risk to society.
Although the Trump administration has a reputation for defending the right to bear arms, in this case, it has voiced support to uphold gun bans for drug users.
Ironically, former President Joe Biden’s son, Hunter Biden, was convicted by a jury in 2024 for knowingly having a gun while he was addicted to crack cocaine. Biden pardoned his son weeks before he left office.
The upcoming decision would set a new precedent for whether the government may disarm people who habitually use unlawful drugs but are not necessarily under the influence while possessing a firearm. The Supreme Court is expected to make a ruling in 2026.
Veronica Catlin
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