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Drug Users and Gun Rights: Court Weighs 922(g)(3) After Oral Argument

Case: United States v. Ali Danial Hemani, No. 24-1234

Lower Court: Fifth Circuit

Docketed: 2025-06-04

Status: Granted

Question Presented: Whether 18 U.S.C. 922(g)(3), the federal statute that prohibits the possession of firearms by a person who "is an unlawful user of or addicted to any controlled substance," violates the Second Amendment as applied to respondent.

On April 23, 2026, the Solicitor General filed a letter with the Court following oral argument in United States v. Ali Danial Hemani. Post-argument letters of this kind typically respond to questions raised at argument or supply supplemental authority the Court requested. That the government felt compelled to file one suggests the March 2, 2026 argument surfaced issues the briefing had not fully resolved. The full docket reflects the case’s active trajectory since certiorari was granted.

The underlying facts involve Hemani’s prosecution under 18 U.S.C. 922(g)(3), which makes it a federal crime for any person who “is an unlawful user of or addicted to any controlled substance” to possess a firearm. The government petitioned for review, and the Court granted certiorari.

Principal Deputy Solicitor General Sarah M. Harris argued for the government; Erin E. Murphy argued for Hemani. Twenty-three amici filed briefs, spanning gun-rights organizations, civil liberties groups, and NORML, reflecting the breadth of interests at stake. More information on the case is available at SCOTUSBlog.