Overview

• At the Trump administration’s request, the Court granted review in U.S. v. Hemani to decide whether the federal prohibition on gun possession by unlawful drug users violates the Second Amendment.
• The 5th Circuit threw out Ali Danial Hemani’s indictment after FBI agents found a pistol, marijuana and cocaine at his Texas home, ruling there is no historical basis to disarm a sober person based solely on past use.
• Solicitor General D. John Sauer defends the law as a narrow, temporary restriction targeting habitual users, citing historical limits on habitual drunkards as an analogue.
• The statute, part of the 1968 Gun Control Act, features prominently in background‑check denials and hundreds of prosecutions each year, and more than 30 states have similar provisions.
• The same federal restriction was used in Hunter Biden’s 2024 case before his subsequent pardon, underscoring the law’s prominence as the Court moves toward arguments next year.