Supreme Court sides with a Texas man who says it’s not a crime for marijuana users to have guns
Supreme Court sides with a Texas man who says it’s not a crime for marijuana users to have guns
(AP Photo/Jae C. Hong)
WASHINGTON (AP) — 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 the millions of people who now use marijuana can’t all be characterized that way, Gorsuch wrote. While recreational use is illegal under federal law, about half of states allow it and cannabis use for health purposes is widespread.
“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.
Gun rights and pro-cannabis groups join forces
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.
NORML applauded the decision as a “vindication of personal freedom” and 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 it.
“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 measured, with Everytown saying 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, though they are 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.
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