Explore The NRA Universe Of Websites

APPEARS IN News

Supreme Court Holds Oral Arguments in Marijuana Related Firearm Prohibition Case

Monday, March 9, 2026

Supreme Court Holds Oral Arguments in Marijuana Related Firearm Prohibition Case

On March 2, the U.S. Supreme Court held oral arguments in U.S. v Hemani, a case concerning the federal firearm prohibition on marijuana users. The case could finally provide clarity to the thorny, and unconstitutional, prohibition that has become increasingly salient as states have relaxed their marijuana prohibitions to allow for recreational or medical use.

In the NRA-supported case New York State Rifle & Pistol Association v. Bruen (2022), the Supreme Court held that for a gun control measure to be constitutional it must be “consistent with this Nation’s historical tradition of firearm regulation.” Later in U.S. v. Rahimi (2024), the Court held that a firearm prohibition that relied on a judicial finding of dangerousness was consistent with the Second Amendment.

Federal law, 18 U.S.C. 922(g), establishes the categories of individuals prohibited from possessing firearms. However, the law was drafted in an era with little Second Amendment jurisprudence, and its broad categories capture people who pose no danger to themselves or others alongside some who are legitimately dangerous.

For instance, 18 U.S.C. 922(g)(1) generally prohibits all felons from possessing firearms. Of course, violent felons should have their rights curtailed for some period (preferably by incarceration). But the prohibition also includes all nonviolent felons. This situation reached an absurdist conclusion in the U.S. Court of Appeals for the Seventh Circuit case Kanter v. Barr, which concerned the Second Amendment rights of an individual with a felony mail fraud conviction stemming from the almost comically nonviolent crime of selling Medicare non-compliant therapeutic shoe inserts.

18 U.S.C. 922(g)(3) prohibits firearm possession by anyone “who is an unlawful user of or addicted to any controlled substance.” This is similarly overbroad. Despite changes to state law, marijuana is still illegal under federal law and thus all those who use marijuana are captured by the statute.

Could there be individuals in the grips of crippling addiction that a court might find pose a genuine danger to themselves or other? Perhaps. But there is nothing inherently dangerous about those who occasionally use an intoxicant in compliance with state law or even under the supervision of a physician. This is particularly true when, as in Hemani’s case, the firearm giving rise to his prosecution was locked in a safe, not being used or brandished while he was under the influence.

To save the 18 U.S.C. 922(g)(3) firearm prohibition under the Bruen test, the federal government has pointed to historic habitual drunkard laws. There have been laws which allowed for some curbs on the rights (not necessarily gun rights) of individuals so in the throws of alcohol abuse that they posed a danger or were unable to manage their own affairs. But comparing these to a statute that contemplates the mere use, not crippling abuse, of an intoxicating substance is inapt.

NRA’s amicus brief in Hemani made clear that there is no tradition of disarming those who sometimes use intoxicating substances. The brief noted, “historical intoxication

laws regulated conduct: restricting the carrying, discharge, or purchase of firearms only while a person was intoxicated and only for as long as that condition lasted.” The record shows “situational restrictions rather than categorical disarmament.”

Further, the NRA brief explained the overbroad 18 U.S.C. 922(g)(3) prohibition “violates the historical rule that disarmament of individuals must be based on demonstrated danger.”

During oral arguments, justices from across the political spectrum appeared skeptical of the 18 U.S.C. 922(g)(3) prohibition.

In reference to the government’s reliance on habitual drunkard laws to survive the Bruen test, Justice Neil Gorsuch cited the nontrivial use of intoxicants during the founding era.

Justice Gorsuch remarked,

John Adams took a tankard of hard cider with his breakfast every day. James Madison reportedly drank a pint of whiskey every day. Thomas Jefferson said he wasn't much of a user of alcohol, he only had three or four glasses of wine a night, okay?

Are they all habitual drunkards who would be properly disarmed for life under your theory?”

Justice Amy Coney Barrett pointed out just how sweeping the 18 U.S.C. 922(g)(3) prohibition truly is, noting that it applies to all controlled substances, even those that most would find mundane.

Justice Barrett asked the government’s attorney,

[L]et's assume that someone takes their spouse's Ambien prescription. The spouse takes it too, lawfully, with the prescription, but then, you know, you take it unlawfully because you break into your spouse's Ambien jar.

So I take it that the one would fall under (g)(3) and the other who had the prescription would not, right?

The government’s attorney affirmed that this benign scenario would trigger the 18 U.S.C. 922(g)(3) prohibition.

Later questioning the justification for this scheme, Justice Barrett stated, “Robitussin, Ambien, Tylenol with codeine, testosterone, Adderall… none of those drugs strike me as drugs for which it is obvious that a risk of violence would ensue.

Biden-appointee Justice Kentanji Brown Jackson appeared to doubt the government’s arguments, as well, telling the government’s attorney “I think your argument sort of falls apart under the Bruen test.”

Obama-appointee Justice Sonia Sotomayor was skeptical that the type of chronic condition and misbehavior countenanced in habitual drunkard laws was at all akin to the 18 U.S.C. 922(g)(3) prohibition on unlawful use. She asked, how such laws could be analogous to “the marijuana user who uses it only one day a week and not in their home where the gun is?” adding, “there was a definition and a situation with habitual alcoholic users that's different than this.”

News outlets appeared to believe gun rights supporters had the better day in court.

Regardless of outcome, NRA will continue to work to bring the federal 18 U.S.C. 922(g) prohibited persons categories in line with the Second Amendment.

TRENDING NOW
Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

Wednesday, April 15, 2026

Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

As bad as the Democrat-controlled Virginia General Assembly’s ban on commonly-owned semi-automatics is, phony moderate Gov. Abigail Spanberger (D) is seeking to make it even worse.

Virginia: Gov. Spanberger’s (D) Approval Tanks after Radical Anti-gun Legislative Session

News  

Monday, April 13, 2026

Virginia: Gov. Spanberger’s (D) Approval Tanks after Radical Anti-gun Legislative Session

It’s only two months into one-party Democrat rule in the Old Dominion, and Virginians don’t like what they’re seeing.

Australia’s National Gun Buyback Already an “Extinct Policy”

News  

Monday, April 13, 2026

Australia’s National Gun Buyback Already an “Extinct Policy”

The ineffectual virtue-signaling that so-called gun “buybacks” represent is finally being exposed on a global level, given the massive problems with the Canadian, and now the Australian, federal government gun bans and grabs.

Maryland: Semi-Auto Ban Goes to Governor’s Desk

Friday, April 10, 2026

Maryland: Semi-Auto Ban Goes to Governor’s Desk

Today, the generally assembly passed SB 334, a ban on many common semi-automatic handguns, it now heads to the governor’s desk

We Can Relate: Digital Culture Rues Targeting of Neutral Technology, Innocent Users

News  

Monday, April 13, 2026

We Can Relate: Digital Culture Rues Targeting of Neutral Technology, Innocent Users

The rapid expansion of regulations targeting 3D printed firearms is increasingly raising justifiable concerns apart from the Second Amendment community.

Kentucky: Legislature Overrides Governor Beshear's Vetoes on Pro-Gun Bills

Tuesday, April 14, 2026

Kentucky: Legislature Overrides Governor Beshear's Vetoes on Pro-Gun Bills

Today, April 14th, the legislature convened for a veto override session, and successfully overrode Governor Andy Beshear's vetoes of House Bill 78 and House Bill 312.

Virginia: Governor Spanberger Signing Away Your Rights

Friday, April 10, 2026

Virginia: Governor Spanberger Signing Away Your Rights

Today, April 10th, Governor Spanberger met the expectations of her anti-gun allies, signing two bills into law. This action sets the tone for what may come next as she has until April 13th to render a ...

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Tuesday, April 14, 2026

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Fresh off the heels of receiving one of the most abysmal approval ratings for a modern Virginia Governor, Abigial Spanberger has doubled-down and signed several pieces of anti-Second Amendment legislation.

Rhode Island:  Push For More Anti-Gun Bills Continues

Wednesday, April 15, 2026

Rhode Island: Push For More Anti-Gun Bills Continues

The Senate Judiciary Committee conducted a lengthy public hearing on over a dozen gun bills last night. 

Sacré Bleu! French Gun Owners Exposed in Government Data Breach

News  

Monday, April 13, 2026

Sacré Bleu! French Gun Owners Exposed in Government Data Breach

In a development that will shock absolutely nobody acquainted with the realities of gun control, there was another security breach of firearm owner data maintained by a government agency.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.