Millions of law-abiding Americans could soon see their Second Amendment rights threatened—because of a federal ban targeting anyone who uses marijuana or other controlled substances.
Story Snapshot
- The Supreme Court will decide if banning gun ownership for drug users violates the Second Amendment.
- The case could impact millions, especially in states where marijuana is legal.
- Lower courts ruled that the ban lacks historical precedent and may be unconstitutional.
- The Trump administration is defending the law as necessary for public safety.
Supreme Court Takes Up Major Second Amendment Challenge
In October 2025, the U.S. Supreme Court agreed to hear United States v. Hemani, a case that directly challenges the constitutionality of a federal law that bans “unlawful users” of controlled substances from possessing firearms. This law, part of the Gun Control Act of 1968, has been on the books for over half a century but is now facing unprecedented scrutiny as conservative justices weigh whether such a blanket restriction aligns with the historical tradition of American gun rights. The high court’s ruling could set a new national standard for who may exercise their Second Amendment freedoms.
SCOTUS agreed to consider if it’s constitutional to prohibit users of illegal drugs from owning guns.
The case stems from Ali Danial Heman’s successful challenge to his, which he violated by owning a pistol and habitually using marijuana.https://t.co/UTMXZpN17P
— The Daily Signal (@DailySignal) October 20, 2025
The case centers on Ali Hemani, a Texas man charged after FBI agents discovered a firearm and small amounts of marijuana and cocaine in his home. Notably, lower courts, including the 5th Circuit Court of Appeals, ruled that the federal ban is unconstitutional unless the government proves the defendant was intoxicated while actually possessing the firearm. This standard marks a sharp departure from previous interpretations and opens the door for the Supreme Court to clarify the limits of government power over gun ownership.
Watch: Supreme Court to consider whether illegal drug users can own guns
Historic Laws Under New Scrutiny After Recent Court Rulings
The Supreme Court’s willingness to review this case follows its landmark 2022 decision in New York State Rifle & Pistol Association v. Bruen. That ruling established that gun control measures must be consistent with America’s historical tradition of firearm regulation. Since then, lower courts have challenged or struck down parts of the 1968 law, especially where no direct historical analogue exists for disarming sober Americans who use marijuana or other drugs—many of whom are otherwise law-abiding citizens. The resulting legal uncertainty has left millions in limbo, particularly in states that have legalized marijuana even as federal law lags behind social change.
Key Stakeholders: Rights and Risks in the Balance
The outcome of this case will have sweeping effects on multiple groups. Gun owners and Second Amendment advocates argue that the ban overreaches, especially as it covers people who may use marijuana legally under state law but become federal criminals merely by owning a firearm. On the other hand, public safety officials and law enforcement organizations insist that restricting gun access for habitual drug users is essential to prevent violence and protect communities.
The Trump administration, through the Department of Justice, maintains that the ban is limited in scope, targeting only habitual users and allowing individuals to regain their rights by ceasing drug use. However, critics point out the vague definition of “unlawful user,” which can lead to arbitrary enforcement and threaten fundamental fairness. The Supreme Court’s decision will ultimately determine whether the government can continue to impose broad, categorical bans on gun ownership, or if such restrictions must be narrowly tailored to specific circumstances, such as possession while intoxicated.
Sources:
Reason, 2025-10-20
LA Times, 2025-10-20
GV Wire, 2025-10-20
