Full Breakdown
Supreme Court Strikes Down Federal Gun Ban for Drug Users
6/18/2026, 9:06:59 PM
Decision Overturns Broad Gun Ban for Drug Users
In a 9-0 ruling, the Court ruled that 18 U.S.C. § 922(g)(3)—which bars any “unlawful user” of a controlled substance from possessing a firearm—is unconstitutional when applied to a person who merely admits regular marijuana use. The case, United States v. Hemani, involved Texas resident Ali Danial Hemani, whose 2022 FBI raid uncovered a Glock pistol and marijuana. Justice Neil Gorsuch called the statute “overly broad” and rejected the government’s analogy to historic “habitual drunkard” laws.
Key Parties
Ali Danial Hemani, a U.S.–Pakistan citizen, challenged the charge. The ACLU and the National Rifle Association defended him. Gun-safety groups—including Everytown, the Brady Center and Giffords Law Center—backed the government, along with the Trump administration and the Justice Department. The statute also underpinned Hunter Biden’s 2024 conviction.
Data & Impact
The statute carries a 15-year prison term and a lifetime firearms ban. The Justice Department estimates roughly 300 prosecutions each year. Marijuana is legal in 40 states; surveys show over 15 % of Americans used it in 2024 and nearly half have ever used it. The law dates to 1968.
Official Statements
Justice Gorsuch’s opinion called the ban “overly broad” and said the government “cannot carry the burden it has set for itself.” ACLU’s Cecillia Wang said the decision “protects the rights of millions” and curbs “arbitrary and discriminatory penalties.” The Justice Department reiterated its 300-case estimate and argued the law targets dangerous conduct. Everytown warned the ruling could hinder efforts to keep guns from high-risk individuals.
Criticism & Opposition
Gun-safety advocates argue the decision removes a tool to disarm dangerous individuals. Smart Approaches to Marijuana warned that dismissing categorical bans ignores evidence of drug-related violence. The Trump administration’s brief insisted habitual drug users present “unique dangers,” a claim the Court rejected.
Conflicting Reports & Gaps
Sources agree the ruling is narrow but differ on scope: some say it does not cover addicts or intoxicated users, while others note uncertainty about future prosecutions of “dangerous” drug users. Impact on related firearm statutes remains unclear.
Verbatim Quotes
- “The government's analogy fails under every measure it asks us to consider,” — Justice Neil Gorsuch, Majority Opinion
- “The federal government has not just tolerated them; it helped fuel them,” — Justice Neil Gorsuch, Majority Opinion
- “Today’s unanimous 9-0 decision makes it clear that the government cannot make it crime for people to own a gun, which the Supreme Court has held is a fundamental constitutional right, simply because they use marijuana,” — Cecillia Wang, ACLU Legal Director
- “Marijuana use today is like alcohol use at the founding,” — Justice Samuel Alito, Concurring Opinion
What’s Next
The Court will next hear a challenge to a Hawaii law restricting guns on private property, and lawmakers may revisit § 922(g)(3) in light of the decision.
