Supreme Court to Hear Hemani Gun Ban Case

On Oct. 20, 2025 the Supreme Court agreed to hear United States v. Hemani to decide whether 18 U.S.C. §922(g)(3), which bars “unlawful users” of controlled substances from possessing firearms, is constitutional as applied to regular marijuana users. Solicitor General D. John Sauer asked the Court to revive the prosecution after the 5th U.S. Circuit largely struck down the categorical ban under the Court’s 2022 Second Amendment decision and dismissed Ali Danial Hemani’s gun charge. The government argues the restriction is a limited, historically grounded measure aimed at habitual illegal-drug users who pose public-safety risks and notes FBI agents found a gun and cocaine in Hemani’s home. Hemani’s attorneys say the statute is overbroad, could criminalize millions of Americans who have used marijuana, and that other allegations against him were irrelevant. Lower courts are split on how to apply the post‑Bruen Second Amendment test, making this case a likely vehicle for clarification; the unsigned order granting review recorded no dissents. Arguments are expected early in 2026, with a decision likely by the following summer.