WASHINGTON (AP) — The Supreme Court said Monday it will examine whether people who regularly smoke marijuana can legally own guns, the latest gun case to come before the court since his 2022 decision expands gun rights.
President Donald Trump’s administration has asked judges to revive a case against a Texas man charged with a crime because he allegedly had a gun in his home and admitted to being a regular marijuana user. The Department of Justice appealed after lower court largely overturned a law that prohibits people who use illegal drugs from owning firearms.
The Republican administration supports Second Amendment rights, but government lawyers have argued that the ban constitutes a justifiable restriction.
They asked the court to reinstate the proceedings against Ali Danial Hemani. His lawyers got the felony charge dismissed after the 5th U.S. Circuit Court of Appeals ruled that the blanket ban was unconstitutional under the Supreme Court’s expansive view of gun rights. Appeals judges ruled it could still be used against people accused of being both tall and armed.
Hemani’s lawyers argue that the broadly worded law puts millions of people at risk of technical violations since at least 20% of Americans have tried cannabis, according to government health data. About half of states have legalized marijuana for recreational use, but it remains illegal under federal law.
The Justice Department says the law is valid when used against regular drug users because they pose a serious risk to public safety. The government said the FBI found Hemani’s gun and cocaine during a search of his home as they investigated travel and communications allegedly linked to Iran. However, the gun charge was the only one filed, and his lawyers said the other allegations were irrelevant and were only mentioned to make him seem more dangerous.
The case marks another critical point in the application of the Supreme Court’s new test for gun restrictions. The conservative majority held in 2022 that the Second Amendment generally gives people the right to carry a gun in public for self-defense and that any restrictions on guns must be firmly rooted in the nation’s history.
The landmark 2022 ruling led to a cascade of challenges to gun laws across the country, although judges have since upheld their decision. another federal law intended to protect victims of domestic violence by banning firearms from people under restraining orders.
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