Law in Review

The Supreme Court agreed to decide whether federal law can prohibit drug users from owning firearms, reviewing a law used to convict Hunter Biden.

Context

The Gun Control Act of 1968 barred anyone who “is an unlawful user of or addicted to any controlled substance” from possessing a gun. At least 32 states have similar laws restricting firearm possession for drug users and addicts. The law has prevented more gun sales through the federal background-check system than any restriction except bans on felons and fugitives. It is used in hundreds of prosecutions each year, and the same law was used to convict Hunter Biden in 2024 for purchasing and possessing a gun while addicted to crack cocaine, though he was pardoned by President Biden in December 2024.

Court Case

On Monday, the Supreme Court announced it would hear the case of Ali Danial Hemani, a dual citizen of the US and Pakistan. FBI agents found a Glock pistol, marijuana, and cocaine during a search of his Texas home in 2022. Hemani admitted to using marijuana regularly but was not under the influence when agents discovered the gun. He was charged with illegally possessing a firearm as a drug user.

The Fifth Circuit Court of Appeals dismissed the charge this past January, ruling the law could only apply when someone is actively intoxicated while possessing a weapon. The lower court cited historical laws against carrying guns while drunk but found no historical precedent for disarming sober people based solely on past drug use.

Government’s Argument

The Justice Department asked the Supreme Court to reinstate Hemani’s prosecution and uphold the broad application of the law. Government lawyers argued that founding-era laws restricted gun rights for habitual drinkers even when sober, providing historical precedent for the modern statute. Alcohol, however, is not classified as a controlled substance under US federal law.

The department argued that regular drug users with firearms pose “unique dangers to society” and create risks of “armed, hostile encounters with police officers.” They noted the restriction is modest because someone can regain gun rights simply by stopping drug use.

Defense’s Argument

Hemani's lawyers argued that the law makes no sense given that roughly 19% of Americans have used marijuana and about 32% own firearms, meaning millions could face up to 15 years in prison.

They said the government mischaracterized Hemani's actions and noted there was no evidence he was intoxicated when law enforcement found the weapon. His attorneys maintained that history and tradition only support banning gun possession while actively intoxicated. Arguments are expected to take place in early 2026, with a decision likely by the end of next June.