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