The U.S. Supreme Court has agreed to hear a significant case that could redefine Second Amendment protections by examining the constitutionality of the federal government’s authority to prohibit gun possession for individuals who use marijuana or other controlled substances. Oral arguments are scheduled for January 2025, with a ruling anticipated by summer.

Story Highlights

• The Supreme Court will hear a case challenging the 1968 federal ban on gun ownership by individuals who use controlled substances.
• Lower courts have issued conflicting rulings on the ban’s constitutionality, with some finding it violates the Second Amendment unless the user is actively impaired.
• The case involves Ali Danial Hemani, who was charged under federal law for possessing firearms while using marijuana.
• The Court’s decision could affect millions of Americans in states where marijuana is legal under state law but remains federally prohibited.

Federal Gun Control Law Under Constitutional Scrutiny

The Gun Control Act of 1968 prohibits individuals identified as “unlawful users of or addicted to any controlled substance” from possessing firearms. This federal restriction has impacted individuals, including those in states where marijuana has been legalized for medical or recreational purposes.

The case specifically concerns Ali Danial Hemani, who faces charges for violating federal firearm laws due to his marijuana use. His legal challenge contends that prior drug use should not permanently disqualify an individual from exercising Second Amendment rights. The Department of Justice maintains that the ban is essential for public safety, citing concerns about impaired individuals with firearms.

SCOTUS agreed to consider if it’s constitutional to prohibit users of illegal drugs from owning guns.

The case stems from Ali Danial Heman’s successful challenge to his, which he violated by owning a pistol and habitually using marijuana.https://t.co/UTMXZpN17P

— The Daily Signal (@DailySignal) October 20, 2025

Circuit Courts Address Federal Restrictions

Several federal circuit courts, including the 5th and 8th Circuits, have determined that the broad prohibition on firearm ownership for drug users is unconstitutionally extensive and infringes upon Second Amendment protections. These courts have concluded that historical legal precedents do not support a universal disarmament of individuals based solely on substance use, unless they are actively under the influence at the time of possession.

A 2022 Supreme Court decision emphasized that gun restrictions must be consistent with historical context and tradition. This standard has led lower courts to evaluate whether 1968-era gun control measures align with the constitutional framework established by the Founders. The differing rulings among circuit courts have prompted Supreme Court intervention to establish a uniform constitutional interpretation.

Implications for Second Amendment Rights

U.S. Solicitor General D. John Sauer advocated for the Supreme Court to consider this case, acknowledging its importance for Second Amendment jurisprudence. The federal government’s stance represents a potential expansion of disarmament authority, which could affect numerous Americans residing in states where marijuana is legal but federally prohibited. This situation creates varied rights based on federal enforcement priorities rather than consistent constitutional protection.

The broader implications of this case extend beyond marijuana users to include individuals who have used other controlled substances, potentially creating a permanent classification for individuals who may have changed their behavior. Constitutional scholars suggest that historical gun restrictions focused on individuals based on demonstrated dangerousness or mental incapacity, rather than broad categories of past conduct. This case will determine whether federal regulations can supersede constitutional protections based on policy preferences rather than individual circumstances or actual public safety concerns.

Watch the report: Supreme Court to consider whether illegal drug users can own guns

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Supreme Court will decide on gun rights for drug users
Supreme Court to hear case involving whether drug users are barred from owning guns
Supreme Court to consider case on Second Amendment rights for drug users