Supreme Court Rules Feds Can't Disarm You Just For Being A Regular Stoner

In a landmark decision, the Supreme Court has ruled that the federal government cannot disarm individuals solely based on their regular use of controlled substances, such as marijuana, without evidence of incapacitation or danger. This decision is a significant victory for the Second Amendment and a rebuke of the federal government's attempt to turn peaceable Americans into prohibited persons without evidence of danger.

The case, United States v. Hemani, stemmed from an August 2022 FBI search of the family home of Ali Danial Hemani, a dual U.S.-Pakistan citizen who was born in Texas and had a stable job as a project manager at a Dallas-area insurance company. The government suspected Hemani and his family members of activities related to terrorism. During the search, Hemani was cooperative: he surrendered a Glock 9mm pistol he kept in the house, pointed agents to marijuana on the property, and consented to an interview in which he admitted using marijuana about every other day.

The Court's Holding And Reasoning

Justice Neil Gorsuch, writing for the Court, affirmed the dismissal of the indictment against Hemani, stating that his conduct was presumptively protected by the Second Amendment. The government's argument was a stretch, citing "habitual drunkard" laws which targeted people who "regularly use intoxicants" for public-safety reasons and operated similarly by restricting liberties. The Court completely shot that down, agreeing that a "habitual drunkard" generally meant someone intoxicated "to such a degree as to deprive him of his ordinary reasoning faculties" or "incapable of conducting [his] own affairs," "mentally incompetent," or who had "lost the power of self-control."

Implications

The decision has significant implications for the Second Amendment and the federal government's ability to restrict gun rights. The Court's ruling sends a clear message: the Department of Justice cannot continue ignoring the text, history, and tradition of the Second Amendment in order to defend gun control laws. It is long past time for the DOJ to stop carrying water for anti-gun policies and start defending the constitutional rights of the American people.