Overview
- The court granted review in United States v. Hemani, which challenges 18 U.S.C. 922(g)(3) barring firearm possession by people who are unlawful users of or addicted to controlled substances.
- The Fifth Circuit struck down the law in most applications, holding the government must show a defendant was intoxicated when possessing a gun, and other appeals courts have ordered more individualized assessments.
- The Justice Department urged reversal, calling the measure a narrow, temporary public‑safety rule consistent with founding‑era limits on “habitual drunkards,” and noting at least 32 states and territories have similar provisions.
- Hemani, a Texas resident and dual U.S.–Pakistani citizen, was indicted after an FBI search found a handgun, marijuana and cocaine; prosecutors cite habitual marijuana use, while his lawyers say he was sober when the gun was found.
- Arguments are expected in 2026 with a ruling by June, in a term that also includes a challenge to Hawaii’s limits on where concealed‑carry permit holders may bring handguns; the same federal statute was used to convict Hunter Biden in 2024 before his pardon.