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The Supreme Court of the United States announced that it will review a key case that could redefine the boundaries of the right to bear arms in the country, by examining whether habitual users of illegal drugs—such as marijuana—can possess firearms.
The case involves Ali Danial Hemani, a Texas citizen accused of illegal possession of firearms after admitting to being a frequent marijuana user. Although Hemani was not under the influence of the drug at the time of his arrest, current federal law prohibits gun ownership for those who consume controlled substances.
The administration of Donald Trump defends that this restriction is "justifiable" to protect public safety. According to The Guardian, in its appeal, Attorney General D. John Sauer argued that the case raises a crucial question about the Second Amendment, which guarantees the right to bear arms.
According to Sauer, federal courts have shown contradictory criteria regarding the constitutionality of the regulation that prevents drug consumers from owning firearms.
The case dates back to a favorable appellate ruling for Hemani, based on the Bruen decision (2022), where the Supreme Court determined that requiring "special circumstances" to obtain a concealed carry permit in New York was unconstitutional.
Since then, several courts have overturned state and federal restrictions related to firearms, citing "originalist" interpretations of the Second Amendment.
The Trump administration argues, however, that habitual drug use should be seen as an exception, comparing it to 18th-century laws that restricted the rights of "habitual drunkards."
The ruling could have far-reaching implications, as it affects hundreds of federal cases each year, including that of former President Joe Biden's son, Hunter Biden, who was convicted in 2024 for concealing his drug use while purchasing a firearm, before being pardoned by his father.
With a conservative majority on the court, the Hemani vs. United States case is set to become a new test of the limits of the constitutional right to bear arms in the modern era.
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