On Monday, the Supreme Court of the United States agreed to a hear a case centering on gun bans for unlawful users of controlled substances.
The case is United States v. Hemani.
SCOTUSBLOG noted that the case “[involves] the federal government’s efforts to prosecute a Texas man for violating a federal statute that prohibits gun possession by users of illegal drugs.”
At stake will be whether 18 U.S.C. § 922(g)(3) violates the Second Amendment rights of individuals allegedly engaged in unlawful drug use.
Gun Owners of America responded to SCOTUS’s granting of cert in Hemani by posting to X, “Supreme Court to decide whether the gun ban for unlawful users of controlled substances is constitutional.”
ABC 6 summarized the situation by reporting, “Supreme Court will consider whether people who regularly smoke marijuana can legally own guns.”
Part of Question 21f of the ATF gun transfer form 4473 asks: “Are you an unlawful user, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
If a would-be gun buyer answers “yes” to that question he is not allowed to buy the gun.
AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio, a member of the NRA and Gun Owners of America, and the director of global marketing for Lone Star Hunts. He was a Visiting Fellow at the Russell Kirk Center for Cultural Renewal in 2010 and has a Ph.D. in Military History. Follow him on X: @awrhawkins. You can sign up to get Down Range at breitbart.com/downrange. Reach him directly at awrhawkins@breitbart.com.
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