Supreme Court Examines If Marijuana Use Can Strip Gun Rights Under Historic Second Amendment Test: Neil Gorsuch Calls The Case 'Odd'

The U.S. Supreme Court is considering whether federal law can bar regular marijuana users from owning guns under its "history and tradition" standard for Second Amendment cases.

Marijuana Use And Federal Gun Charge

On Monday, the judges heard arguments in the case involving Ali Hemani, a Texas man charged after FBI agents found a Glock handgun and marijuana during a 2022 raid on his home, reported The Washington Post.

Prosecutors charged him under the Gun Control Act of 1968, which prohibits "unlawful user" of controlled substances from possessing firearms.

Lower courts dismissed the charge, ruling it violated his constitutional right to bear arms.

The government argues the restriction aligns with historical laws that disarmed people deemed dangerous, including habitual alcohol abusers.

Justice Neil Gorsuch called the case "odd" as federal officials consider reclassifying marijuana. He asked whether someone who uses a marijuana "gummy bear" nightly for sleep could be disarmed.

Government counsel said such a person could fall under the law.

Justice Amy Coney Barrett questioned what evidence shows marijuana use makes someone dangerous, while Justice Ketanji Brown Jackson criticized applying the historical test in ways that could create "arbitrary" outcomes.

Hemani's attorneys argue that historical precedents targeted intoxication, not regular substance use.

The National Rifle Association filed a brief supporting Hemani, saying the government failed to prove marijuana users are inherently dangerous.

Gun Policy Controversy And Export Rollback

Earlier this year, President Donald Trump criticized the fatal shooting of Alex Pretti, saying the licensed gun owner should not have been carrying a handgun and extra ammunition during a federal operation.

Trump called the situation "very unfortunate," drawing backlash from gun rights groups like the National Rifle Association and Gun Owners of America, which demanded an investigation and defended Pretti's right to be armed.

The dispute created tension within conservative circles and sparked criticism from both allies and gun control advocates.

Last year, the Trump administration revoked Biden-era restrictions on civilian firearms exports, restoring broader export rules and easing licensing requirements for certain shipments to U.S. allies.

Officials said safeguards would remain to prevent weapons from reaching criminals, and the move was projected to boost revenue for U.S. gun manufacturers.

Disclaimer: This content was partially produced with the help of AI tools and was reviewed and published by Benzinga editors.

Photo Courtesy: Erik Cox Photography on Shutterstock.com

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