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The Supreme Court agreed on Monday (October 20) to review a federal law that prohibits frequent illegal drug users from possessing firearms. The Trump administration, despite its general support for gun rights, is defending the law and requested the review after an appeals court ruled in favor of Daniel Hemani, an alleged regular marijuana user charged under the statute. The case involves the same law under which Hunter Biden, son of President Joe Biden, was convicted in 2024 before being pardoned by his father.
The law in question prevents those who "are unlawful users of or addicted to any controlled substance" from owning guns. The appeals court in Texas ruled that the government must prove the gun owner was under the influence of drugs at the time of arrest, which it did not in Hemani's case. The Trump administration argues that abitual drug users with firearms pose unique dangers to society, especially during encounters with police.
The Supreme Court's decision to hear this case marks the second significant gun rights issue it has taken up recently. The court, which has a 6-3 conservative majority, expanded the right to bear arms in a 2022 ruling but upheld certain restrictions in 2024. The upcoming arguments in the case are expected next year, with a decision anticipated by June.
The Trump administration describes the restriction as a "narrow" limitation on the Second Amendment.