US Supreme Court to rule on gun rights for illegal drug users

The US Supreme Court is set to decide whether habitual users of illegal drugs can be barred from owning firearms under the Constitution.

The case comes after a federal appeals court in Texas ruled in favour of Ali Hemani, who was charged under a law that prohibits unlawful drug users from possessing guns. His lawyers argued that the statute violated his Second Amendment right to bear arms.

In response, the Trump administration has asked the Supreme Court to overturn the ruling and reinstate the charge, insisting the restriction is necessary for public safety.

Government lawyers say people who regularly use illegal drugs present a “unique danger”, particularly during encounters with law enforcement while impaired.
“Habitual illegal drug users with firearms present unique dangers to society,” Solicitor General John Sauer said in a petition to the court.

The government argues that the law is narrowly designed and does not impose a permanent ban. Individuals who stop using illegal substances may regain their right to possess firearms.

Hemani was arrested after authorities found a pistol during a raid on his Texas home. Prosecutors claimed he was a regular marijuana user, which remains illegal under federal law even though several states have legalised or decriminalised it.

His legal team counters that the law is overly broad and could criminalise individuals who use cannabis in states where it is permitted locally.

The case has drawn fresh attention because the same law was used to prosecute Hunter Biden, son of former President Joe Biden, in 2024. He was later convicted but pardoned by his father.

The Supreme Court, which currently has a conservative majority, has generally leaned toward expanding gun rights. In 2022, it strengthened Second Amendment protections in a landmark ruling. However, in 2024 it upheld gun restrictions for individuals under domestic violence restraining orders.

The court’s decision in the Hemani case could have major implications for how drug use intersects with gun ownership in the United States.