Supreme Court to weigh legal battle over federal gun ban for drug users

The Supreme Court is set to hear arguments on Monday, March 1, 2026, in Washington, D.C., in a Second Amendment dispute over a federal law that bars unlawful drug users from possessing firearms, with the case involving defendant Ali Hemani challenging the constitutionality of a 1968 statute that carries penalties of up to 15 years in prison for violations. The case, United States v. Hemani, represents the second major gun rights case before the high court this term, following arguments in January regarding a Hawaii law restricting where concealed-carry license holders can bring their firearms. This legal battle arrives in the wake of the Supreme Court's landmark 2022 decision in New York State Rifle and Pistol Association v. Bruen, which recognized the right to carry guns in public and established a new test requiring the government to demonstrate that gun restrictions align with the nation's historical tradition of firearm regulation. The statute at issue was enacted as part of the 1968 Gun Control Act and prohibits unlawful drug users from possessing firearms, with an estimated 300 people charged annually under this law. In Hemani's case, FBI agents found a Glock 9mm pistol, marijuana, and cocaine during a search of his Texas home, though he surrendered the firearm and admitted only to using marijuana several times weekly. The U.S. Court of Appeals for the 5th Circuit previously ruled in similar cases that the law is unconstitutional when applied to drug users not proven to be under the influence while possessing firearms. The legal arguments present an unusual political landscape, with the Justice Department under President Trump urging the court to uphold the law despite Trump's broader efforts to strengthen Second Amendment rights. Solicitor General D. John Sauer argues that the Second Amendment allows Congress to restrict gun possession by habitual drug users, noting that 43 states and D.C. have similar restrictions. Conversely, Hemani's lawyers contend the law violates the Second Amendment by failing to define 'unlawful user' or specify how frequent drug use must be to warrant losing gun rights. The case has created unexpected alliances, with gun violence prevention groups joining the Trump administration in supporting the law, while the ACLU represents Hemani alongside gun rights groups like the NRA.