Drug users don’t lose their gun rights, Supreme Court rules
WASHINGTON — A unanimous Supreme Court ruled Thursday for gun rights and against drug laws.
In a 9-0 ruling, the justices struck down part of the longstanding federal gun control law that makes it a crime for an “unlawful user” of illegal drugs to possess a gun.
The Trump administration had urged the court to uphold the conviction of a Texas man who was investigated for alleged terrorist ties and admitted to being a regular user of marijuana.
Rejecting that claim, Justice Neil M. Gorsuch, speaking for the court, said the law was far too broad and overly harsh.
“The law automatically bans an individual from possessing a gun from the moment he becomes an unlawful user of any controlled substance until he ceases being one,” he wrote. “It doesn’t matter what controlled substance an individual uses, in what amounts he does so, or whether his drug use has ever made him a danger to himself or others.”
And it can lead to a 15-year prison term, he added.
He noted, however, the court was not ruling on “addicts” or people who were under the influence of drugs when they were arrested.
The American Civil Liberties Union welcomed the ruling.
“Today’s unanimous 9-0 decision makes it clear that the government cannot make it crime for people to own a gun, which the Supreme Court has held is a fundamental constitutional right, simply because they use marijuana,” said Cecillia Wang, legal director at the American Civil Liberties Union. “With nearly half of Americans reporting marijuana use at some point in their lives, this ruling protects the rights of millions and curbs the government’s ability to impose arbitrary and discriminatory penalties.”
Since 1968, federal law has prohibited gun possession by felons, fugitives and other persons deemed to be dangerous. Included was anyone who is “an unlawful user of or addicted to any controlled substance.”
But the 5th Circuit Court of Appeals ruled in a Texas case this restriction on guns violated the 2nd Amendment. It said “there is no historical justification for disarming a sober citizen not presently under an impairing influence.”
Appealing to the Supreme Court, the Trump administration urged the justices to uphold the law.
“Habitual illegal drug users with firearms present unique dangers to society—especially because they pose a grave risk of armed, hostile encounters with police officers while impaired,” said Solicitor Gen. D. John Sauer.
He asked the court to rule in the case of a Pakistani native who was investigated by the FBI for his suspected ties to the Islamic Revolutionary Guard Corps.
In 2020, Ali Danial Hemani and his parents “traveled to Iran to participate in a celebration of the life of Qasem Soleimani, an Iranian general and terrorist who had been killed by an American drone strike the month before,” the administration told the court last year.
The FBI obtained a warrant to search Hemani’s family home.
Agents found a Glock 9mm pistol, 60 grams of marijuana and 4.7 grams of cocaine.
Hemani said he used marijuana about every other day.
A federal grand jury in Texas charged him with possessing a firearm as an unlawful habitual user of marijuana.