US Supreme Court to Decide if Marijuana Users Have Constitutional Right to Own Firearms
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Washington:
The United States Supreme Court announced on Monday its decision to examine whether regular marijuana users can legally possess firearms, marking another significant firearms case following the court's 2022 ruling that expanded gun rights.
The administration of President Donald Trump has requested the justices to revive a case against a Texas resident who faced felony charges for allegedly possessing a firearm in his home while admitting to regular marijuana use. The Justice Department filed an appeal after a lower court substantially invalidated a law prohibiting individuals who use illegal drugs from owning firearms.
The case will likely be presented for arguments in early 2026, with a decision expected by early summer.
While the Republican administration generally supports Second Amendment rights, government attorneys have argued that this particular prohibition represents a justifiable restriction.
They have asked the court to reinstate proceedings against Ali Danial Hemani. His legal representatives successfully had the felony charge dismissed after the 5th US Circuit Court of Appeals determined that the blanket prohibition violated constitutional principles under the Supreme Court's expanded interpretation of gun rights. The appellate judges did maintain that the law could still apply to individuals accused of simultaneously being under the influence and armed.
Hemani's attorneys contend that the broadly formulated law potentially places millions of Americans at risk of technical violations, given that government health data indicates at least 20% of Americans have experimented with marijuana. Despite recreational marijuana being legalized in approximately half of all states, it remains prohibited under federal law.
The Justice Department maintains that the law remains valid when applied to regular drug users because they present a significant public safety risk. According to the government, the FBI discovered Hemani's firearm and cocaine during a home search conducted as part of an investigation into travel and communications allegedly connected to Iran. However, only the gun charge was filed, and his attorneys argued that the additional allegations were irrelevant and mentioned solely to portray him as more dangerous.
This case represents another critical juncture in the application of the Supreme Court's new standards for firearm restrictions. In 2022, the conservative majority ruled that the Second Amendment generally grants individuals the right to carry firearms in public for self-defense, and that any restrictions on firearms must be firmly grounded in the nation's historical traditions.
The landmark 2022 decision triggered numerous challenges to firearm regulations nationwide, though the justices have subsequently upheld a separate federal law designed to protect domestic violence victims by prohibiting individuals under restraining orders from possessing firearms.
(This story has not been edited by NDTV staff and is auto-generated from a syndicated feed.)
Source: https://www.ndtv.com/world-news/supreme-court-will-consider-whether-people-who-regularly-smoke-pot-can-legally-own-guns-9488434