The Supreme Court’s 9-0 Hemani judgment rejected automatic disarmament based solely on regular marijuana use. Its rigorous historical analysis could also spell trouble for Hawaii’s “Vampire Rule” in Wolford v. Lopez.
Justice Clarence Thomas says the federal government’s constitutional problem may extend far beyond marijuana users. His Hemani concurrence invites courts to reconsider whether Congress has the authority to criminalize purely intrastate gun possession under §922(g).
Justice Ketanji Brown Jackson joined the unanimous judgment protecting Ali Hemani’s Second Amendment rights. Her concurrence, however, called Bruen a “failed experiment” and urged a return to government-friendly means-end scrutiny.
In a unanimous 9-0 ruling, the Supreme Court rejected the federal government’s attempt to disarm a regular marijuana user under 18 U.S.C. § 922(g)(3), strengthening Bruen and requiring individualized evidence before Second Amendment rights are stripped away.
The Supreme Court's 9-0 Hemani ruling reshaped marijuana and gun rights. Here's what the decision actually does, what it doesn't, and what it means for you.
WASHINGTON, D.C. — The Supreme Court ruled Thursday that the federal government cannot prosecute a Texas man for owning a firearm simply because he uses marijuana, landing another hit on the gun bans the government has tried to defend since Bruen. In United States v. Hemani, the Court held that...
This content is copyrighted and may not be reproduced without the express permission of GunsAmerica.com and BAAANG Media LLC. Supreme Court Delivers Major 2A Win for Marijuana Users High Court rules federal government can't automatically strip gun rights from marijuana users The posting Supreme C...
The Supreme Court’s decision in United States v. Hemani rejects automatic status-based disarmament under § 922(g)(3), telling the federal government that marijuana use alone does not erase the Second Amendment.
The Supreme Court is expected to release decisions soon in Wolford v. Lopez and United States v. Hemani, two Second Amendment cases that could clarify how lower courts apply Bruen after Rahimi.
A packed Supreme Court docket may explain why AR-15 and magazine ban cases did not make the cut this term. But the next term could be a different story.