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The Trump administration is urging the U.S. Supreme Court to uphold a federal law that bars regular drug users—including marijuana smokers—from owning firearms.
At the center of the debate is whether the law can be applied to people who are not actively under the influence at the time of gun possession. A New Orleans-based appeals court previously ruled that simply having a history of drug use is not enough to strip someone of their Second Amendment rights.
The Justice Department disagrees, arguing that limiting restrictions only to moments when a person is high would undermine the law’s purpose of reducing gun violence. Officials stressed that for centuries, legislatures have restricted firearm ownership for habitual drug and alcohol users, even when sober.
One of the cases before the court involves Ali Danial Hemani, a U.S.-Pakistan dual citizen charged with illegally owning a Glock pistol while regularly smoking marijuana. Though prosecutors allege he also misused other substances, Hemani’s defense maintains he was sober when the gun was found and that past use should not disqualify him.
The case has broader implications: since the federal firearm background-check system was introduced in 1998, drug use has been the second most common reason for denied purchases—behind only felonies and fugitive status. The law is also used in hundreds of prosecutions annually, including the 2024 conviction of Hunter Biden (later pardoned by President Joe Biden).
Legal experts say the Supreme Court may take up the issue this fall, especially given conflicting rulings across appeals courts. Some courts have insisted that bans should only apply to those actively intoxicated, while others demand case-by-case assessments.
For now, the Trump administration is making its stance clear: when drug use and gun rights collide, anti-drug policy takes priority.
