United States v. Hemani (Second Amendment)

Send us Fan MailThe Supreme Court held that the government's prosecution of Ali Hemani under 18 U.S.C. §922(g)(3)'s prohibition on firearm possession by unlawful users of controlled substances violated the Second Amendment as applied to him. Justice Gorsuch, writing for seven Justices, concluded that the government failed to identify a historical tradition of firearm regulation analogous to its interpretation of §922(g)(3), which automatically disarms anyone who regularly uses a controlled substance regardless of whether the person is dangerous, intoxicated, or incapable of managing his affairs. The Court rejected the government's reliance on historical laws regulating "habitual drunkards," finding that those laws targeted individuals whose intoxication rendered them incapacitated, served different purposes, and generally required individualized proceedings before liberty could be restricted. Because Hemani was prosecuted solely for possessing a firearm while being an admitted marijuana user, and because the government failed to show that such a broad prohibition is consistent with the Nation's historical tradition of firearm regulation, the Court held the prosecution unconstitutional. The Court emphasized the narrowness of its ruling, leaving open the validity of laws targeting addicts, intoxicated persons, or individuals shown through individualized evidence to be dangerous because of their drug use. Justice Alito, joined by Justice Kagan, concurred in the judgment.Support the show