Overview
- During Monday's oral argument in United States v. Hemani, several justices questioned whether founding‑era limits on "habitual drunkards" justify today’s categorical disarmament of people who use illegal drugs.
- The government urged the Court to uphold 18 U.S.C. § 922(g)(3) by focusing on habitual or regular use posing safety risks, moving away from an ATF "past‑year" standard.
- ATF has proposed an interim rule defining an "unlawful user" as someone who regularly uses a controlled substance over an extended period continuing into the present.
- Questions from the bench split over deference to Congress and evidence of dangerousness, with Chief Justice Roberts and Justice Alito signaling concern about second‑guessing lawmakers while others pressed for proof that use of drugs like marijuana or Ambien makes a person dangerous.
- Hemani’s indictment was dismissed by a district court and affirmed by the Fifth Circuit under Bruen, and the Supreme Court is expected to decide the case by the end of June with implications for federal prosecutions under § 922(g)(3) and lower‑court methodology.