United States v. Hemani: Argued on March 2, 2026

Case Summary:On March 2, 2026, the Supreme Court heard oral arguments in United States v. Hemani, a pivotal Second Amendment case determining whether the government can permanently disarm "unlawful users" of controlled substances, specifically marijuana.The case involves Ali Danial Hemani, a Texas man who was indicted under 18 U.S.C. § 922(g)(3) after FBI agents found a Glock pistol and marijuana in his home. Hemani, who admitted to using marijuana roughly every other day but was not intoxicated at the time of the search, challenged the law as an unconstitutional violation of his right to bear arms.Core Legal IssuesThe justices are grappling with whether a categorical ban on gun ownership for drug users is consistent with the "history and tradition" of American firearm regulation. Under the standard set in Bruen, the government must prove that this modern restriction is analogous to historical laws from the founding era.The United States argues that the ban is similar to historical "habitual drunkard" laws, which allowed for the disarmament of individuals deemed a danger to themselves or others. Hemani’s defense, however, contends that those historical laws only regulated the use or carry of firearms while actually intoxicated, rather than stripping away the fundamental right to possess a weapon in the home for self-defense based on occasional or regular drug use.Highlights from Oral ArgumentJustice Gorsuch’s Breakfast Hypo: Justice Neil Gorsuch expressed skepticism toward the government’s "habitual user" standard, pointing out that many of the Founding Fathers, including John Adams, consumed alcohol daily (such as hard cider with breakfast) without being considered "dangerous" or subject to disarmament.The Ambien Problem: Justice Amy Coney Barrett pressed the government on the breadth of the statute, noting that under the current law, someone who takes a spouse’s Ambien or a single unprescribed Adderall could technically be labeled an "unlawful user" and face a 15-year felony sentence for owning a gun.Vagueness Concerns: Several justices questioned the lack of a clear definition for "unlawful user." They noted that the statute does not specify how frequently one must use a substance or how recently the use must have occurred to trigger the loss of a constitutional right.Individualized Dangerousness: Justice Sonia Sotomayor and Justice Brett Kavanaugh explored whether the Second Amendment requires an "individualized determination" of danger—similar to the domestic violence restrictions upheld in Rahimi—rather than a blanket ban based on the mere status of being a drug user.