2nd

WASHINGTON — The Trump administration on Monday urged the Supreme Court to limit the reach of the 2nd Amendment and deny gun rights to “habitual” users of drugs, including marijuana.

But most of the justices sounded skeptical. They questioned whether marijuana users are so dangerous they should not have firearms.

They noted too that President Trump signed a recent executive order to reclassify marijuana as lesser controlled substance.

“Why is this a test case?,” asked Justice Neil M. Gorsuch.

Federal laws on “controlled substances” and the 2nd Amendment created a conflict between gun rights and illegal drugs, but Gorsuch said marijuana users are not seen as a particular danger to the public.

“This is an odd case to have chosen” to resolve this legal dispute, he said.

Most of the justices said they were wary of ruling broadly to decide the legal status of other addictive drugs.

At issue was a provision of the Gun Control Act of 1968, which forbids gun possession by any person who “is an unlawful user of or addicted to any controlled substance.”

The Justice Department says about 300 people per year are charged with a crime under this provision. They include Hunter Biden, the former president’s son, who was charged and convicted of lying about his drug addiction when he applied for a handgun permit.

The case brought together civil libertarians and gun rights advocates, who said millions of Americans could face criminal charges if the government’s view is upheld.

Deputy Solicitor Gen. Sarah Harris, representing the administration, said the court should uphold the law to deny guns to habitual users of unlawful drugs.

“Congress decided it is dangerous to mix firearms with controlled substances,” she said.

But Erin Murphy, a Washington attorney, said gun owners have not been notice that having a handgun at home could lead to a criminal prosecution if they sometimes use marijuana.

She said the court should hand down a “narrow” decision that spares her client.

Ali Hemani, a Texas man, was investigated by the FBI in 2020 for his family’s suspected ties to the Iranian Revolutionary Guard Corps, a designated terrorist group.

When the FBI obtained a warrant to search his home, agents found a Glock pistol and 60 grams of marijuana as well as 4.7 grams of cocaine in his mother’s room. Hemani said he used marijuana about every other day.

He was charged with illegal gun possession because he was an unlawful drug user.

But citing the 2nd Amendment, a federal judge and the 5th Circuit Court of Appeals dismissed the charges on the grounds that he was not under the influence of drugs at the time of his arrest.

Appealing, the Trump administration said the Supreme Court should uphold the 1968 law and deny guns to those who are “habitual users” of illegal drugs.

Solicitor Gen. D. John Sauer said this prosecution “falls well within Congress’s authority to temporarily disarm categories of dangerous persons — here, habitual drug users.”

From the nation’s founding, “habitual drunkards” could be prohibited from having guns and that historic principle supports denying guns to habitual drug users.

The American Civil Liberties Union defended Hemani said the government’s view threatens to broadly extend the reach of the criminal law.

“Like tens of millions of Americans, Ali Hemani owned a handgun for self-defense, keeping it safely secured at home. Like many of those same Americans, he also consumed marijuana a few days a week,” they said in their brief.

“According to the government, those two facts alone sufficed to make him an ‘unlawful user’ of a controlled substance who could face criminal penalties.”

Thousands of worshippers attend prayers at Al-Aqsa Mosque, with others turned away despite carrying required permits.

About 100,000 Palestinian worshippers have prayed at the Al-Aqsa Mosque compound in occupied East Jerusalem for the second Friday of the Muslim holy month of Ramadan, despite Israel imposing severe restrictions on access to the holy site.

Worshippers were subjected to thorough security screening on Friday as they made their way through the Qalandiya checkpoint in the occupied West Bank north of Jerusalem to pray, an Al Jazeera team reported, amid a heavy deployment of Israeli forces around the city.

Israeli authorities imposed rules at the start of Ramadan to limit entry for Friday prayers to just 10,000 Palestinian worshippers with daily permits – a small fraction of the hundreds of thousands who would attend in normal years.

Under the Israeli rules, only men over 55, women 50 years or older, and children under 12, accompanied by a relative, are permitted to enter.

Visitors are also required to complete digital verification procedures at crossings when returning to the West Bank.

Bans on individuals

As well as the restrictions, Israeli authorities recently announced bans on 280 Jerusalem residents, including religious figures, journalists, and released prisoners, from attending prayers at Al-Aqsa Mosque.

The push to limit Palestinians’ access to the holy site during Ramadan is widely seen as part of an effort to pressure Palestinian communities and erase the Palestinian cultural identity of occupied East Jerusalem, which Palestinians view as the capital of their future state.

The restrictions have further increased since the genocidal war on Gaza began in October 2023.

Turned away despite permits

Despite the restrictions, attendance at the mosque was considerably higher than the supposed cap of 10,000 visitors, as it was the previous week, when Jerusalem’s Islamic Waqf, the religious authority that administers the compound, said 80,000 people attended the first Friday prayers of Ramadan.

Yet many Palestinians who attempted to attend, including some who said they had the necessary permits, found themselves turned away by Israeli authorities.

Najati Oweida, who travelled from Hebron, told Anadolu that Israeli soldiers turned him back despite presenting a permit.

“The occupation claims it has provided facilitation, but the procedures are strict,” he said. “I only want to pray at Al-Aqsa. Why am I being prevented?”

Another man, Ali Nawas, 58, told the news agency that he and his wife had travelled for more than an hour from Nablus in the occupied West Bank, only for his wife to be turned back at the Qalandiya checkpoint, despite her having a permit.

“I was forced to return with her. How could she go back to Nablus alone?” he said.