Supreme Court Grants Certiorari to Address the Constitutionality of Prohibiting Drug Users from Possessing Firearms

18 U.S.C. § 922(g)(3) prohibits the possession of firearms by a person who “is an unlawful user of or addicted to any controlled substance.” Is that constitutional as to a regular marijuana user who is not impaired at the time he possesses a gun? Last week, the Supreme Court granted review in a case that presents that question. The answer has implications for state court, as explained below. The case. The Court has agreed to hear United States v. Hemani, a case out of the Fifth Circuit. The alleged facts are interesting. The defendant, Ali Hemani, is a dual citizen of the United States and Pakistan. The Government contends that he and his family have various links to causes and organizations connected to Iran. For example, his mother was “captured on video telling an Iranian news agency that she prayed that her two sons, including respondent, would become martyrs.” The defendant is also a suspected drug user and dealer. The FBI searched his home under a search warrant and found “a Glock 9mm pistol, 60 grams of marijuana, and 4.7 grams of cocaine.” The defendant allegedly told agents that he used marijuana “about every other day.” He was charged with violating section 922(g)(3), but the case was dismissed by the district court in light of Fifth Circuit precedent such as United States v. Connelly, 117 F.4th 269 (5th Cir. 2024) (stating that “there is no historical justification for disarming a sober citizen not presently under an impairing influence”). The Fifth Circuit [...]