Drug users don’t lose their gun rights, Supreme Court rules

Drug users donโ€™t lose their gun rights, Supreme Court rules


A unanimous Supreme Court ruled Thursday for gun rights and against drug laws.

In a 9-0 ruling, the justices struck down part of the longstanding federal gun control law that makes it a crime for an โ€œunlawful userโ€ of illegal drugs to possess a gun.

The Trump administration had urged the court to uphold the conviction of a Texas man who was investigated for alleged terrorist ties and admitted to being a regular user of marijuana.

Rejecting that claim, Justice Neil M. Gorsuch, speaking for the court, said the law was far too broad and overly harsh.

โ€œThe law automatically bans an individual from possessing a gun from the moment he becomes an unlawful user of any controlled substance until he ceases being one,โ€ he wrote. โ€œIt doesnโ€™t matter what controlled substance an individual uses, in what amounts he does so, or whether his drug use has ever made him a danger to himself or others.โ€

And it can lead to a 15-year prison term, he added.

He noted, however, the court was not ruling on โ€œaddictsโ€ or people who were under the influence of drugs when they were arrested.

The American Civil Liberties Union welcomed the ruling.

โ€œTodayโ€™s unanimous 9-0 decision makes it clear that the government cannot make it crime for people to own a gun, which the Supreme Court has held is a fundamental constitutional right, simply because they use marijuana,โ€ said Cecillia Wang, legal director at the American Civil Liberties Union. โ€œWith nearly half of Americans reporting marijuana use at some point in their lives, this ruling protects the rights of millions and curbs the governmentโ€™s ability to impose arbitrary and discriminatory penalties.โ€

Since 1968, federal law has prohibited gun possession by felons, fugitives and other persons deemed to be dangerous. Included was anyone who is โ€œan unlawful user of or addicted to any controlled substance.โ€

But the 5th Circuit Court of Appeals ruled in a Texas case this restriction on guns violated the 2nd Amendment. It said โ€œthere is no historical justification for disarming a sober citizen not presently under an impairing influence.โ€

Appealing to the Supreme Court, the Trump administration urged the justices to uphold the law.

โ€œHabitual illegal drug users with firearms present unique dangers to societyโ€”especially because they pose a grave risk of armed, hostile encounters with police officers while impaired,โ€ said Solicitor Gen. D. John Sauer.

He asked the court to rule in the case of a Pakistani native who was investigated by the FBI for his suspected ties to the Islamic Revolutionary Guard Corps.

In 2020, Ali Danial Hemani and his parents โ€œtraveled to Iran to participate in a celebration of the life of Qasem Soleimani, an Iranian general and terrorist who had been killed by an American drone strike the month before,โ€ the administration told the court last year.

The FBI obtained a warrant to search Hemaniโ€™s family home.

Agents found a Glock 9mm pistol, 60 grams of marijuana and 4.7 grams of cocaine.

Hemani said he used marijuana about every other day.

A federal grand jury in Texas charged him with possessing a firearm as an unlawful habitual user of marijuana.

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