The U.S. Supreme Court ruled on Thursday that a federal ban on gun ownership by marijuana users violates the Second Amendment after a Texas man challenged the law.
Ali Danial Hemani of Texas filed a lawsuit after the FBI found a handgun in his home in 2022 after which he was prosecuted for having the firearm while also being a weed smoker.
The case, U.S. v. Hemani, was a unanimous decision victory for the Texan, with Justice Neil Gorsuch authoring the majority opinion for the Court, writing that government, “asks us to conclude that anyone who regularly uses marijuana is categorically violent and dangerous without any further showing. All based on little more than its current say-so, one at odds with its own regulatory actions. And affording the government that kind of ‘broad power to designate any group as dangerous and thereby disqualify its members from having a gun’ would risk allowing it to ‘quickly swallow’ the Second Amendment.”
The Court did not strike down the actual federal law, but instead ruled that the federal government cannot simply disarm an American for using marijuana from time to time.
The decision also failed to address whether or not the government can prevent drug addicts or people who are intoxicated from owning guns.
The Trump administration previously defended the 1968 law, and the DOJ petitioned the Supreme Court to review the U.S. v. Hemani case after the Fifth Circuit ruled the law unconstitutional.
Before being pardoned by his father Joe Biden, former First Son Hunter Biden was convicted under the law for buying a gun while being addicted to cocaine.
Violators of the measure can be jailed for up to 15 years, with the DOJ estimating around 300 people are charged with the offense every year.
The conservative majority SCOTUS has made several pro-Second Amendment rulings in recent years.
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5 Responses
or the right to assemble REVOKED because they smoke pot either**** sorry for the typo
They need to ban those doped up tranny fellas from shooting kids in schools which seems to be the latest cool thing the kids are doing.
I thought the mentally ill weren’t allowed to have guns? Lol
Great, this is exactly what America needs, drunk and stoned people roaming around with loaded firearms. Now if they are running loose in predominately loudmouth jewish neighborhoods, then of course arm them up and tell them that the yarmulke wearer is going to steal their truck, six pack, and vape pen 😉
Or the right to assemble revoke because they smoke pot either***
Sorry for the typo.