The Supreme Court announced Monday it will hear a case that could determine whether Americans who regularly use marijuana can legally own firearms, testing the reach of the Second Amendment following the Court’s 2022 ruling that expanded gun rights.
The case stems from a Texas man, Ali Danial Hemani, who was charged with a felony after admitting to regular marijuana use while owning a gun. The 5th U.S. Circuit Court of Appeals struck down the federal ban preventing illegal drug users from possessing firearms, calling it unconstitutional under the Court’s new gun-rights standard. The Biden Justice Department has appealed, arguing the law remains a “justifiable restriction” for public safety.
Federal prosecutors claim Hemani’s case is valid because regular drug use poses a heightened risk, noting that the FBI found a gun and cocaine in his home. Hemani’s lawyers contend the statute criminalizes millions of Americans, as marijuana remains illegal federally even though roughly half of U.S. states have legalized it.
The case revisits the Court’s 2022 decision, which set a new test requiring firearm limits to align with historical precedent. The outcome could significantly influence how drug use and gun ownership are treated under federal law.
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