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Supreme Court to decide if drug users can carry guns

The Supreme Court will decide if habitual marijuana use justifies federal gun ownership bans amid conflicts with state laws and evolving cannabis policies.

  • On Monday, the U.S. Supreme Court announced it will decide the constitutionality of a federal law barring firearm possession by anyone who is an "unlawful user" or addicted to controlled substances in United States v. Ali Danial Hemani.
  • The Fifth Circuit ruled that §922 violates the Second Amendment unless applied only when a person is under influence, while DoJ Trump administration lawyers appealed, arguing the ban protects public safety like limits on "habitual drunkards".
  • Federal agents found a Glock 9mm pistol, 60 grams of marijuana, and 4.7 grams of cocaine during a 2022 Denton County search, and Hemani admitted regular marijuana use before his §922 indictment.
  • Until the Court decides, federal rules mean firearm dealers must deny purchases to anyone admitting unlawful drug use on the ATF Form 4473, while critics warn this could affect medical cannabis patients and state-legal marijuana users.
  • The case follows the Court's Bruen framework and is the latest post-Bruen Second Amendment test; justices are expected to hear arguments and issue a decision by next year.
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arcamax.com broke the news in on Monday, October 20, 2025.
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