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Supreme Court Takes Case on Federal Gun Ban for Unlawful Drug Users

The review will gauge whether Bruen’s history test supports disarming habitual illegal drug users under 18 U.S.C. 922(g)(3).

Overview

  • The Justice Department under President Trump asked the court to reverse a Fifth Circuit ruling that limited the law’s use to people proven intoxicated while possessing a gun.
  • The case centers on Ali Danial Hemani, after an FBI search in Texas found a 9mm pistol, about 60 grams of marijuana and 4.7 grams of cocaine, with no showing he was under the influence at the time.
  • Multiple appeals courts, including the Fifth and Eighth Circuits, have narrowed the statute’s application, creating a split that prompted Supreme Court review.
  • Prosecutors argue habitual illegal drug users with firearms pose unique safety risks and say the prohibition is a temporary disqualification that ends if unlawful drug use stops.
  • The justices are expected to hear arguments in 2026 and issue a decision by June 2026, as they also weigh a separate challenge to Hawaii’s concealed-carry location restrictions.