Supreme Court Strikes Down Federal Gun Ban for Drug Users

On June 13, 2026 the Supreme Court, in United States v. Hemani, issued a 6-3 landmark ruling that the federal ban on firearm possession by “unlawful users” of controlled substances violates the Second Amendment. Justice Neil Gorsuch authored the majority opinion.

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The statute criminalizes anyone who “regularly uses” a controlled drug from owning a gun, imposing up to fifteen years imprisonment. The Court applied the Bruen historical-tradition test, referencing New York State Rifle & Pistol v. Bruen (2022) and United States v. Rahimi (2023).

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Justice Neil Gorsuch wrote the majority; concurring justices included Clarence Thomas, Ketanji Brown Jackson (joined by Sonia Sotomayor), Samuel Alito (joined by Elena Kagan). Plaintiff Ali Danial Hemani, a Texas resident, was found with a Glock 19, 60 g marijuana and 4.7 g cocaine. Lower courts featured Judge Amos Mazzant and the 5th Circuit.

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Gorsuch held the law fails the Bruen test because early-American statutes punished “habitual drunkards,” a distinct class from modern drug users. He stressed the statute “automatically divests an individual of his constitutional right to bear arms” upon unlawful use.

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Thomas argued Congress lacks power to regulate firearms solely on interstate-transport grounds. Jackson, with Sotomayor, called the Bruen framework “unworkable.” Alito, joined by Kagan, agreed with the result but warned the government’s evidence that marijuana users are “incapacitated” is insufficient.

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The decision narrows the government’s capacity to bar gun ownership based solely on drug use, requiring proof of specific danger. Law-enforcement must now present individualized risk evidence before restricting a person’s Second Amendment rights.

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The Court limited its holding to Hemani, leaving open whether prosecutions of “habitual drug addicts” or users deemed dangerous would survive. It also did not address firearm bans for felons, domestic-violence restraining orders, or other restrictions.

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Hemani possessed a Glock 19, 60 grams of marijuana and 4.7 grams of cocaine; the statute authorizes up to fifteen years imprisonment for such conduct. The government recently re-classified marijuana as a lower-risk controlled substance.

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“automatically strip Mr. Hemani of his Second Amendment right to possess a firearm” — Justice Neil Gorsuch.

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“automatically divests an individual of his constitutional right to bear arms the moment he becomes an unlawful user and until he ends his drug use.” — Justice Gorsuch.

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“to regulate the possession of firearms solely on the ground that they crossed state lines at some point in the past.” — Justice Clarence Thomas.

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The Court noted that pending cases such as Wolford v. Lopez, which challenges a Hawaii law restricting guns on private property, may clarify the scope of the ruling. Legislators may revise the statute to satisfy the historical-analogy test.

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