What: The United States Supreme Court today issued a decision in United States v. Hemani, unanimously holding that the federal ban on gun possession by “unlawful” users of controlled substances (such as marijuana) violates the right to keep and bear arms protected by the Second Amendment as applied to Mr. Hemani.
Who: The Court’s opinion for Hemani was written by Justice Gorsuch. Concurring opinions were written by Justices Thomas, Jackson (joined by Justice Sotomayor), and Alito (joined by Justice Kagan).
When: June 18, 2026.
Where: The United States Supreme Court in Washington, D.C.
Why: Today’s ruling ends the government’s unconstitutional prosecution of Mr. Hemani for possessing firearms while being a marijuana user and significantly raises the burden for future prosecutions under the statute. The decision also clarifies the “how” and “why” analysis under Bruen, squarely rejecting the government’s attempt to analogize historical laws targeting habitual drunkards to a modern law that broadly disarms marijuana users.
Hemani was indicted in 2023 for violating 18 U.S.C. § 922(g)(3), which prohibits gun possession by anyone “who is an unlawful user of or addicted to any controlled substance.” Notable amicus briefs filed in support of Hemani include those by FPC, FPC Action Foundation, and the Center for Human Liberty. FPC previously filed amicus briefs in support of challenges to marijuana-based gun bans in other courts, including the Fifth Circuit and Maine Supreme Judicial Court.
Quotes: “For years, we’ve told the government and recalcitrant lower courts that they were wrong. In today’s decision, the Supreme Court unanimously confirmed that we’ve been right all along. The Second Amendment is not a second-class right that can be denied to peaceable Americans for any reason the government dreams up, full stop. Justice Thomas’s outstanding concurrence also highlights something FPC has argued for years: Congress does not have a general police power, and the Commerce Clause is not a magic wand that transforms every activity in America into federal business. We’re proud that arguments advanced by FPC helped shape that constitutional discussion. FPC and our Grassroots Army will keep Fighting Forward until every unconstitutional scheme built on those same defective foundations is eliminated.” — Brandon Combs, President, Firearms Policy Coalition
A concurring opinion by Justice Thomas cites the amicus brief by FPC multiple times to correctly argue that, “[a]s 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.”
About Firearms Policy Coalition
Firearms Policy Coalition (FPC) is a nonprofit membership organization that exists to create a world of maximal individual liberty and eliminate unconstitutional gun control laws. FPC works—and wins—for the People through high-impact strategic litigation, groundbreaking research, legislative and regulatory advocacy, grassroots activism, education, and public engagement. FPC’s legal division, FPC Law, is the nation’s leading initiative dedicated to restoring the right to keep and bear arms across the United States. To learn more about how FPC is working—and winning—for the People, sign up for FPC news alerts at firearmspolicy.org and follow FPC on X, Instagram, and Facebook.
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