Supreme Court ponders law making it a crime for gun owners to use marijuana
Source: NPR
The Supreme Court hears arguments Monday in an important gun case that has united an array of strange bedfellows, from conservative gun rights groups to liberal civil liberties groups. At issue is a federal law making it a crime for drug users to possess a firearm. It's the same law that was used to prosecute then-President Joe Biden's son for illegal gun possession only this case involves marijuana use and gun ownership.
The briefs in the case present diametrically different versions of the facts. On one side, the Trump administration portrays Ali Danial Hemani as a drug dealer and someone with terrorist ties and a marijuana habit. Importantly, he is not being prosecuted for any of those offenses, however. Rather, the government has charged Hemani with violating a federal gun law that bars drug addicts from possession of firearms, a crime punishable by up to 15 years in prison.
The 5th U.S. Circuit Court of Appeals threw out the indictment, declaring that the federal law violates Hemani's Second Amendment right to own a gun.
The Justice Department appealed to the Supreme Court, arguing that because Hemani admitted to FBI agents that he used marijuana several times a week, he is a "persistent" drug user, thus rendering illegal the possession of the gun he bought legally and keeps securely in his home.
Read more: https://www.npr.org/2026/03/02/nx-s1-5718476/supreme-court-guns-marijuana
Srkdqltr
(9,650 posts)Ferrets are Cool
(22,744 posts)That causes many more gun shootings than marijuana ever did.
Easterncedar
(6,015 posts)Maybe just outlaw liquor altogether! Then watch all kinds of violence and traffic deaths go down.
Bathtub gin, anyone?
Kinda loving the confusion this case is causing.
Easterncedar
(6,015 posts)Emile
(41,813 posts)Farmer-Rick
(12,594 posts)If you mix them and fail to follow label directions.
All you allergic people will also need to give up your guns to the police.
Pedo Trump and his Nazi pals are coming to take your guns away.
twodogsbarking
(18,302 posts)Emile
(41,813 posts)can do anything you want.
Javaman
(65,564 posts)boozing and guns good, pot and guns bad.
got it.
Timewas
(2,715 posts)Anyone who uses any recreational drugs is barred from purchasing a gun, if you answer truthfully on your background check paper and say yes to that you will be turned down.
radical noodle
(10,552 posts)Or am I missing something?
sarisataka
(22,419 posts)The argument is to have it struck down
radical noodle
(10,552 posts)WestMichRad
(3,163 posts)radical noodle
(10,552 posts)Timewas
(2,715 posts)And not a lot can be done about that unfortunately
Don't understand that...The recreational drug question is on ther backround check form... I seriously doubt anyone actually admits it when filling the form out if they do they will be denied, If they say no and they have ever applied for the prescription under the old laws and are caught it is a felony.
pandr32
(14,138 posts)They have access to ICE goons and weapons of war, and are using them!
Bayard
(29,273 posts)sarisataka
(22,419 posts)It applies regardless of state law, there even is a note on the form when purchasing a gun that it is illegal even if your state allows marijuana use
Since background checks are mostly a federal requirement and pot is illegal at he fed. level..
sarisataka
(22,419 posts)The prohibition is the current law.
An alliance of Second Amendment proponents and activists who want marijuana legal at the Federal level are challenging that the law is unconstitutional.
The goal is to have SCOTUS strike down the law which prohibits all marijuana users (regardless of state law or medical necessity) from legally owning guns.
ashredux
(2,917 posts)Quanto Magnus
(1,326 posts)they should prevent people who drink alcohol from owning guns too.
SWBTATTReg
(26,216 posts)thousands of pot smokers (who may or may not be smoking pot at the time) driving on our roads, etc. Probably more. How many are doped up on pills? How many are drunk (quite a few). And, just how often does a person grab that gun of theirs?
My gun is by my bed, I check it perhaps once a year or less. If anything, just to make sure that it's there in case of a break-in (and that's all).
An over-reaction I suspect, trying to get the American public focused on something else besides trump's disasters.