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In a landmark 9-0 decision that puts the ACLU on the same side as the National Rifle Association, the U.S. Supreme Court held that the federal government’s prosecution of Ali Danial Hemani under 18 U.S.C. §922(g)(3) — which prohibits firearm possession by “unlawful users” of controlled substances — is unconstitutional as applied to him.

Justice Neil Gorsuch wrote the majority opinion, joined by Chief Justice Roberts and Justices Thomas, Sotomayor, Kavanaugh, Barrett, and Jackson. Justices Thomas and Jackson filed concurrences, while Justice Alito concurred in the judgment, joined by Justice Kagan.

Hemani cooperated with federal agents during a 2022 search of his family home in Texas. He surrendered a firearm, disclosed marijuana on the property, and admitted to using marijuana about every other day. Prosecutors charged him solely based on his marijuana use under §922(g)(3), which bans gun possession by anyone who is an “unlawful user of or addicted to” any controlled substance as defined by the Controlled Substances Act.

Lower courts sided with Hemani, finding the application of the law violated his Second Amendment rights. The government appealed to the Supreme Court.

The government argued the law does not infringe on 2A based on historical “habitual drunkard” laws from the 19th century that imposed restrictions on individuals with addictions that might present a danger to themselves or others.

The Court rejected the analogy on multiple grounds in a narrow ruling that strengthens Second Amendment protections for lawful gun owners who use marijuana, particularly as many states, including Connecticut, have legalized it. The ruling affirms the lower court’s dismissal of the charges against Hemani.

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