The Supreme Court of the United States announced that it would consider whether people who regularly use marijuana they can legally own firearmsin the most recent case for the arms reaching the court, following the 2022 ruling that expanded gun rights.
His administration Donald Trump asked the top justices to revive a case against a Texas man who was charged with a felony for allegedly having a gun in his home and admitted to being a regular marijuana user. The Justice Department appealed after a lower court had largely struck down a federal law barring people who use illegal drugs from owning guns.
Hearings are expected to take place in early 2026, with a decision likely to be issued in early summer.
The case of Ali Danial Hemani
Despite that the Republican administration supports Second Amendment rights, the government lawyers argued that this ban was a justified restriction.
They even asked the court to review it case of Ali Danial Hemaniof a man who had been found in possession of a gun and illegal drugs. His lawyers had managed to get the charge thrown out after the 5th Circuit Court of Appeals ruled that the blanket ban was unconstitutional under the Supreme Court’s expanded interpretation of gun rights. The appeals court, however, ruled that the law can be applied in cases where someone carries a weapon while under the influence.
Hemani’s lawyers argue that the law is too broad and puts millions of people at risk of technically breaking the law, as 20% of Americans have tried marijuana, according to government data. Although about half of the states have legalized recreational use, the substance remains illegal at the federal level.
The Justice Department argues that the law is valid when applied to regular users, who pose a serious risk to public safety. According to the government, the FBI found a gun and cocaine at Hemani’s home during an investigation related to communications and travel allegedly connected to Iran. However, the only charge against him was illegal possession of a weapon, while his lawyers said the other citations were only made to make him appear more dangerous.
The legal framework and the importance of the case
This case is a new point of friction in applying the Supreme Court’s new test on gun restrictions.
The court’s conservative majority had ruled in 2022 that the Second Amendment generally grants citizens the right to bear arms in public for self-defense, and that any restriction must have a strong historical basis in the American legal framework.
The landmark 2022 ruling led to a wave of appeals against gun laws across the country. However, the Supreme Court recently upheld a different federal law banning gun possession by people under restraining orders, aimed at protecting victims of domestic violence.
Source :Skai
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