Justice Thomas Questions Congress’s Power to Regulate Gun Possession Across State Lines

In a concurring opinion for Hemani, Justice Clarence Thomas focused on another aspect of the federal statute on which the case centered and suggested Congress lacks the power to regulate gun possession across state lines.

Breitbart News reported the Supreme Court of the United States handed down the Hemani decision on Thursday, June 18, 2026. All nine justices stood against federal statute §922(g)(3), the statute under which Ali Hemani was arrested and prosecuted as “unlawful user” of marijuana in possession of a gun.

Justice Neil Gorsuch wrote SCOTUS’s majority opinion and Thomas wrote a concurring opinion, looking at another aspect of §922(g)(3) wherein he believes Congress exceeds its authority.

Thomas opened his opinion: “I agree with the Court that §922(g)(3) violates the Second Amendment as applied to respondent Ali Hemani, and I join its opinion in full. I write separately to call attention to another issue: As a matter of both original meaning and this Court’s precedents, §922(g)(3) appears to exceed Congress’s enumerated power to regulate interstate commerce.”

He narrowed his focus to Section 922(g), writing that it “appears to exceed Congress’s powers under the Commerce Clause.”

Thomas continued: “Congress has the power to “regulate Commerce . . . among the several States.”

However, he added, “As a matter of both original meaning and this Court’s precedents, Congress lacks the power to regulate the possession of firearms solely on the ground that they crossed state lines at some point in the past.”

Thomas opined, “Because §922(g) criminalizes possession of firearms apart from any purchase or sale of goods and services across state lines, I doubt that it could be an exercise of Congress’s Commerce Clause powers as an original matter.”

Although he stressed that this was not an issue in the Hemani case, he encouraged SCOTUS “and lower courts” to “revisit the constitutionality” of Congress regulation of firearm possession across state lines.

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 and the director of global marketing for Lone Star Hunts. He holds a PhD in Military History with a focus on the Vietnam War (brown water navy), U.S. Navy since Inception, the Civil War, and Early Modern Europe. He enjoys reading Philosophy and novels by Jack Carr and Nelson DeMille. He is a lever action man in an AR-15 world. Follow him on X: @awrhawkins. You can sign up to get Down Range at breitbart.com/downrange. Reach him directly at awrhawkins@breitbart.com.