The United States Supreme Court ruled unanimously Thursday to block a federal ban on gun ownership for marijuana users.
According to the Justices, a law prohibiting anyone who regularly uses marijuana from owning a firearm is in violation of the Second Amendment.
Ali Hemani, the defendant in this case, is a dual citizen of the U.S. and Pakistan and was under surveillance by the FBI for alleged ties to Iran’s paramilitary Revolutionary Guard.
During a 2022 search of his home in Texas, Hemani admitted to having a Glock 9mm pistol, as well as to using marijuana “about every other day.”
According to USA Today, the government attempted to detain Hemani on more serious allegations, but he was ultimately charged only with having a gun while being an unlawful user of marijuana.
Hemani was also not accused of using the weapon in question while under the influence.
Under the federal Gun Control Act, several categories of people are prohibited from owning firearms, including those who are fugitives or have been convicted of domestic violence crimes, as well as anyone who is an “unlawful user of ” or “addicted to” a “controlled substance.”
Violating bans under this law can carry a prison sentence of up to 15 years and disarmament for life.
The federal government’s interpretation of this statute is such that an individual is “automatically” banned “from possessing a gun from the moment he becomes an unlawful user of any controlled substance until he ceases being one” regardless of what the substance is, how frequently the substance is used, and whether or not it has ever caused the person to be a danger to himself or others.
“We do not address efforts to ban addicts, or those presently intoxicated, from possessing a firearm,” Justice Neil Gorsuch wrote in the majority opinion. “Prosecutors could potentially still charge a marijuana user, if they had evidence the person was dangerous.”
“In saying this much, we do not question that sometimes an individual’s unlawful use of marijuana (or any other controlled substance) may render him a danger to others,” Justice Gorsuch added. “But, again, the government disclaims the need to show anything like that in this case.”
“Whatever one thinks of these developments, the federal government has not just tolerated them; it helped fuel them,” Gorsuch said. “All of which leaves it awkwardly positioned to suggest that the millions of Americans who now regularly use marijuana are categorically and unusually dangerous.”
Both the National Rifle Association (NRA) and the American Civil Liberties Union (ACLU) supported the defendant in this case.
“The court has sent a strong message that the government cannot criminalize the conduct of large numbers of people by making categorical and unfounded assumptions about whether they are dangerous,” said Cecillia Wang, legal director at the ACLU, according to the Associated Press.
John Commerford, executive director of the NRA’s lobbying arm, called the ruling a “major victory for the Second Amendment and peaceable gun owners across America,” saying in a statement shared with Newsweek, adding that the Court was correct to reject what he described as an effort to disarm millions of otherwise law-abiding citizens on the basis of their marijuana use alone.
If he is not a born in America citizen he Should not be aloud to own a firearm in the first place.
The constitution is written for the American citizens of the United States of America, not for blow ins that are not American born citizens.
In my opinion a duel citizen or green card holder or even a naturalized citizen don’t hold the same ties to the United States of America.
I can’t help but ask what this will do to the other blanket prohibitions that came in with that law, i.e. domestic violence, convictions, and the one no one talks about, mental illness. If it’s a secondary violation to have a blank violation for drug use, marijuana is a drug there. Why is it not an equal second amount violation for other blanket prohibitions?
I can’t help but ask what this will do to the other blanket prohibitions that came in with that law, i.e. domestic violence convictions, and the one no one talks about, mental illness. If it’s a second amendment violation to have a blanket violation for drug use, marijuana is a drug, why is it not an equal second amendment violation for other blanket prohibitions?
Most of the “founding fathers” who were primarily of British descent (England, Scotland, Wales, plus Ireland and West Indies) were born in the British Colonies, which only later became the United States.
Under the 14th amendment the “founding fathers” were not citizens of the United States.
Captain dickfv old scow would surely agree.
So you say George Washington was born a British colony? Are you sure he wasn’t in fact born in a British colony?
The fact of the matter here is he was born in the United States of America as a citizen of the United States in 1732 in Virginia. The facts are he and the others who helped write the US constitution were in fact born as United States citizens. When this country was first settled they were not some blow in that said hey I am here and want to be a us citizen and a citizen of my home country to.
(What founding farther was from the West Indies?)
The constitution was created using laws from the five tribes who were NATIVE AMERICANS and Not from the West Indies!
It was those gentleman who are known as the founding fathers of the United States. Because they formed is what’s now known as the United States of America before that it was kinda a lawless nation or country until laws were created.
“The fact of the matter here is he was born in the United States of America as a citizen of the United States in 1732 in Virginia”
George Washington was born in a British colony. The colonist didn’t fight crazy King George till the 1770’s. Constitution ratified in 1787. As you point out. George Washington was born in the British Virginia colony in 1732. A British citizen. To this day Virginia is not a state. It’s a commonwealth. Idiot.
Alexander Hamilton was born in the West Indies. Learn how to use the internet.
You’re a total loser captain stupid. Don’t forget the Feds want to take all of our gun rights away. Think Ruby Rudge. Think Waco. Think current commonwealth of Virginia. New governor and congress just outlawed assault rifles and high capacity magazines. Hell, think president of Venezuela. Charged with gun violation!?!? How the F is that a thing. US charging and arresting foreign heads of state for gun violations in their own country!? The Feds went after this guy in Texas that just won the Supreme Court case for his religious beliefs. He’s a better American than you will ever be captain stupid.
You’re an embarrassment and traitor to this country captain stupid. Get out!!
PS
Fixating on typos, grammar, word usage is a sign of weakness in your argument.
Virginia is part of the United States, as is Massachusetts, Pennsylvania, Kentucky, and District of Columbia.
George Washington was born a British subject and served in the British army as a colonel. Not a very good one, some historians argue that he actually started the French and Indian war.
But when the constitution was written in 1787, he was an American citizen, only an American citizen. It used to be that you had to renounce your other citizenship to become an American.
Pot smokers don’t start a gunfight.
They start a band.
We should be proud of our state constitution’s article regarding firearms:
Article 1; Section 16: “Every citizen has a right to keep and bear arms and this right shall never be questioned.”
Kinda makes the 2nd Amendment seem stupid and confusing, doesn’t it?
Captain Dick F/V Old Scow
Absolutely agree. All dual citizens should be removed from government offices, too, including the dual-Israeli citizens that hold too much power over our country.
Guns are used for self defense, hunting, and revolution.
Sad this legal immigrant felt the need to defend himself in a country with so many laws. But good on him for taking it to the Supreme Court and winning. This guys fight benefited all Americans. Legal or otherwise.
Duel citizens should not be in congress or any political appointment. jew lobbies should be declared foreign agents cess pools.