Supreme Court to Hear Hemani Gun Ban Case

The Supreme Court agreed to hear United States v. Hemani, a challenge to 18 U.S.C. §922(g)(3), which bars “unlawful users” of controlled substances from possessing firearms and raises whether regular marijuana users can legally own guns. The Justice Department under the Trump administration asked the justices to reinstate the charge after the 5th Circuit largely struck down the statute as inconsistent with the Court’s post‑Bruen history‑and‑tradition test unless the government shows the defendant was intoxicated while armed. Federal agents found a handgun, marijuana and a small amount of cocaine during an FBI search tied to a terrorism‑related investigation, and prosecutors have referenced alleged national‑security links that Hemani’s lawyers say are irrelevant to the constitutional question. The government argues habitual drug users present special public‑safety risks, while critics and legal experts warn the broadly written ban could criminalize millions of otherwise lawful cannabis consumers in states that have legalized marijuana. Oral arguments are expected in early 2026, and the ruling—one of at least two major gun cases the Court has taken this term—could significantly affect federal prosecutions and state‑federal conflicts over cannabis and gun rights.