Supreme Court Will Decide if Drug Users Can Own Guns

Trump administration backs federal law under which Hunter Biden was convicted
Posted Oct 20, 2025 9:56 AM CDT
Supreme Court Will Decide if Drug Users Can Own Guns
FILE - The Supreme Court in Washington, June 30, 2024.   (AP Photo/Susan Walsh, File)

The Supreme Court has agreed to review a federal law that prohibits frequent users of illegal drugs from owning firearms—the same law under which Hunter Biden was convicted last year before receiving a pardon. This case centers on Ali Daniel Hemani, described as a regular marijuana user, who was charged under the law after the FBI found a handgun, marijuana, and cocaine during a 2022 search of his home. Lower courts ruled in Hemani's favor, with Texas' 5th US Circuit Court of Appeals deciding the government could only constitutionally enforce the law if it showed a person was under the influence at the time of the alleged offense rather than simply being a regular user, per NBC News.

The Trump administration appealed that ruling, per CBS News, with Solicitor General J. Dean Sauer—who represented Trump in the landmark 2024 Supreme Court case that ultimately granted presidents immunity from prosecution for official acts—arguing the law is a "modest, modern analogue" to historic rules that limited access to firearms for habitual drunkards. He says there are "narrow circumstances" where the Second Amendment can be limited. Hemani's lawyers, however, argue that while historical laws barred carrying weapons while intoxicated, there is little precedent for banning gun possession by those who are merely regular users of alcohol or drugs. They contend the appeals court's decision correctly interpreted that history.

The Supreme Court's decision to take up the case comes as lower courts remain divided on how to interpret gun restrictions in light of the justices' recent history-based approach to the Second Amendment. The court, which has a 6-3 conservative majority generally seen as supportive of gun rights, has recently shown more willingness to address gun issues after a period of reluctance. This case follows the court's agreement to review a Hawaii law concerning concealed carry restrictions and comes two years after a major ruling that expanded gun rights, though the court later upheld some limits, such as those related to domestic violence restraining orders.

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