In United States v. Hemani, the federal government prosecuted Ali Danial Hemani under 18 U.S.C. § 922(g)(3), which bars anyone who uses marijuana or another controlled substance from possessing a firearm, even while sober. The Fifth Circuit ruled for Mr. Hemani, and the Supreme Court agreed to hear the government’s appeal. The Minnesota Gun Owners Caucus joined other gun rights organizations in an amicus brief supporting Mr. Hemani.
Americans have long chosen for themselves which substances are acceptable for responsible use, and the right to keep and bear arms was never denied to people who drank, unless they carried while drunk. Marijuana, now legal to some extent in forty states, should be treated no differently.
Our brief makes three arguments:
- The Court should decide the case on its actual record and the question presented, and not be led astray by the government’s attempts to create unsavory distractions.
- Historical laws against carrying firearms while intoxicated mark the boundary of our tradition. The nation has long faced the problem of armed drunks, yet no “distinctly similar” historical law justifies disarming sober marijuana users, and marijuana’s growing acceptance matters to the historical analysis.
- Courts must not turn to broader levels of generality when closer historical analogues are available.
We are joined in this Amicus Curiae Brief by:
- The Second Amendment Foundation
- The California Rifle & Pistol Association
- The Second Amendment Law Center
- The Citizens Committee for the Right to Keep and Bear Arms
Outcome
On June 18, 2026, the Supreme Court ruled for Mr. Hemani. In an opinion by Justice Gorsuch, the Court held that his prosecution under § 922(g)(3) was inconsistent with the Second Amendment, and it rejected the government’s comparison to historical “habitual drunkard” laws, which provided process before anyone lost the right to bear arms. The Court described its ruling as narrow and left other questions about the statute for another day.
Last updated: June 18, 2026
Case Details
Case Title
United States v. Ali Danial Hemani, on writ of certiorari to the United States Court of Appeals for the Fifth Circuit.
US Supreme Court Case #
24-1234
Our Brief
On our website, you can read our Amicus Brief filed in the United States Supreme Court on January 29, 2026.
Counsel of Record
In this case, we are represented by Konstadinos T. Moros of the Second Amendment Foundation, counsel of record, with C.D. Michel and Anna M. Barvir of Michel & Associates, P.C.
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