• Supreme Court sides with Texas man who says it's not a crime for marijuana users to have guns

    From slothe@slothe@netcom.com to talk.politics.guns,law.court.federal,alt.politics.marijuana on Wed Jun 24 03:04:31 2026
    WASHINGTON u The Supreme Court ruled Thursday against a broad federal
    ban on gun ownership by marijuana users, the latest in a line of firearm
    cases from a court that has expanded gun rights.

    The justices decided unanimously in favor of Ali Danial Hemani, a Texas
    man who argued that a law barring guns from anyone who regularly uses
    illegal drugs violates the Second Amendment.

    Justice Neil Gorsuch wrote that his opinion narrowly limits the
    government's power to take guns away from drug users who are not
    considered dangerous. Hemani, who was not charged with any other crimes
    or accused of using the weapon under the influence, is thankful he
    "finally has closure," lawyer Zachary Newland said.

    The decision is a loss for President Donald Trump's Republican
    administration, which had defended the 1968 law despite arguing against
    other gun restrictions. Its core argument "fails under every measure,"
    Gorsuch wrote.

    The law was originally meant to keep guns away from dangerous people,
    but millions of people now use marijuana, Gorsuch wrote. It is broadly
    legal in about half the states and has gained widespread use for health purposes.

    "Whatever one thinks of these developments, the federal government has
    not just tolerated them; it helped fuel them," Gorsuch wrote. "All of
    which leaves it awkwardly positioned to suggest that the millions of
    Americans who now regularly use marijuana are categorically and
    unusually dangerous."

    The law was also used in a case against Hunter Biden, who was convicted
    in Wilmington, Delaware, of buying a gun while addicted to cocaine in
    2018. He was later pardoned by his father, Democratic President Joe
    Biden.

    Someone addicted to an illegal drug could potentially still be
    prosecuted after Thursday's decision.

    "We do not address efforts to ban addicts, or those presently
    intoxicated, from possessing a firearm," Gorsuch wrote. Prosecutors
    could charge a marijuana user if they had evidence the person was
    dangerous, he said.

    Recreational use remains illegal on a federal level even after the Trump administration reclassified medical marijuana as a less-dangerous drug
    in April.

    The case made for some unusual political alliances.

    The American Civil Liberties Union and the National Rifle Association
    supported Hemani's case, as did cannabis legalization groups such as
    NORML. On the other side were gun safety groups including Everytown that usually oppose the administration on Second Amendment issues.

    The ACLU applauded the ruling, saying that nearly half of Americans have reported using marijuana at some point in their lives.

    "The court has sent a strong message that the government cannot
    criminalize the conduct of large numbers of people by making categorical
    and unfounded assumptions about whether they are dangerous," said
    Cecillia Wang, legal director at the ACLU.

    The Second Amendment Foundation called it a "major victory for gun
    owners."

    The group Smart Approaches to Marijuana, which opposes legalization of
    the drug, condemned the court's decision.

    "While the justices in this case appear to be most concerned with
    historical battles over Second Amendment rights, public health and
    safety are the collateral damage in this decision," said CEO Kevin
    Sabet.

    Gun control groups were more muted, with Everytown saying that the
    decision still recognizes that "drugs and guns can make for a dangerous
    mix."

    It is rare to see standalone criminal charges filed against people
    accused solely of owning guns and using drugs. The charge is more often
    filed against people also accused of other crimes.

    The opinion is the latest in a series of firearm cases to reach the
    Supreme Court since its landmark ruling expanding gun rights in 2022 led
    to a wave of challenges around the country.

    Since then, the high court has upheld a law aimed at protecting victims
    of domestic violence and strict regulations on ghost gun kits but has
    struck down a ban on bump stocks, an accessory that enables rapid fire.
    The justices are also considering a second firearm case this term over
    strict regulations on carrying guns in Hawaii.

    https://www.ksl.com/article/51513274/supreme-court-sides-with-texas-man-w ho-says-its-not-a-crime-for-marijuana-users-to-have-guns