Supreme Court skeptical of law banning drug users from possessing firearms

SCOTUSblog

by Amy Howe

March 2, 2026

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The Supreme Court showed skepticism toward a federal law that prohibits individuals who are unlawful users of drugs from possessing firearms. The case involves Ali Danial Hemani, a Texas man charged under the law after agents found a pistol, marijuana, and cocaine in his home. Hemani argued that the law violated his Second Amendment right to bear arms, as he was not shown to be under the influence of drugs at the time of possession. A federal trial judge dismissed the charge, citing a recent 5th Circuit ruling that found the law unconstitutional when applied to regular drug users without evidence of current impairment. During oral arguments, Principal Deputy Solicitor General Sarah Harris argued that the law is a “tailored restriction” aimed at disarming individuals who pose a higher risk of gun misuse due to their substance use. She compared it to historical laws targeting habitual drunkards, which the Court has upheld as constitutional. However, Justice Neil Gorsuch questioned whether Hemani could even be classified as a “habitual user,” pointing out that Founding Fathers like John Adams and James Madison drank significant amounts daily but were not considered habitual drunkards. He also noted that the government had failed to define what constitutes a drug user under the law. Justices Amy Coney Barrett and Clarence Thomas raised concerns about the law’s fairness and practicality. Barrett questioned whether someone with a prescription for a controlled substance, like Ambien, should be barred from possessing a firearm, while Thomas echoed worries about the lack of clarity in defining who qualifies as a “user.” Their skepticism suggests that the Court is weighing whether the law discriminates against individuals based on lawful or medical

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Originally published on SCOTUSblog on 3/2/2026