United States Supreme Court Grants Second Amendment Challenge in Drug Prohibitor Case; Everytown Law Responds 

NEW YORK – The United States Supreme Court today invalidated a conviction under the long-standing federal law that prohibits individuals who are unlawful users of controlled substances from possessing firearms in United States v. Hemani. In its decision, the Supreme Court recognized that “some unlawful users of controlled substances can pose a risk of violence” and left federal and state lawmakers with ample room to disarm such individuals.

“We disagree with the Supreme Court’s ruling in Hemani,” said Janet Carter, managing director of Second Amendment litigation at Everytown Law. “That said, the Court has stressed that its decision is limited—rightly recognizing that drugs and guns can make for a dangerous mix, and leaving open the possibility of prosecuting someone with proof that their drug use renders their gun possession dangerous to themselves or others.”

The individual challenging the law admitted to FBI agents that he used marijuana approximately every other day, in a state (Texas) where marijuana was prohibited both for medical and recreational use. The Fifth Circuit ruled that this law is only constitutional when applied to someone who is actively intoxicated. Because the government had not presented evidence that Hemani was actively intoxicated when he possessed a gun, the court ruled that his indictment should be dismissed. The U.S. Solicitor General asked the Supreme Court to grant certiorari and review the challenge – which they accepted.