United States v. Hemani
No. 24-1234 · Decided June 18, 2026 · Affirmed
Does the government's prosecution of an individual under 18 U.S.C. § 922(g)(3) for possessing a firearm while being an "unlawful user" of a controlled substance violate the Second Amendment? The government's prosecution of Mr.
Vote & lineup9–0 (unanimous) on the judgment. Gorsuch delivered the opinion of the Court, joined by Roberts, Thomas, Sotomayor, Kavanaugh, Barrett, Jackson (7). Concurrence(s): Thomas; Jackson (joined by Sotomayor); Alito (joined by Kagan).
The question
Does the government's prosecution of an individual under 18 U.S.C. § 922(g)(3) for possessing a firearm while being an "unlawful user" of a controlled substance violate the Second Amendment? Specifically, is the automatic disarmament of regular marijuana users consistent with the Nation's historical tradition of firearm regulation? This case asks whether such a categorical ban applies even when there is no evidence that the individual is dangerous or incapacitated.
Petitioner's argument
- The government argues that 18 U.S.C. § 922(g)(3) is consistent with historical "habitual drunkard" laws, which it claims are "relevantly similar" analogues.
- It contends these historical laws targeted individuals who regularly used intoxicants for the same reason the modern statute does.
- It asserts that both the historical analogues and § 922(g)(3) aim to protect the public from "unusually dangerous" individuals who commit "violent crimes."
- It maintains that historical laws operated similarly by detaining people in workhouses or jails, which effectively functioned as a temporary disarmament.
Respondent's argument
- Respondent argues that the government's effort to enforce 18 U.S.C. § 922(g)(3) against him violates the Second Amendment.
- He contends that he is not a drug addict and that his use of marijuana does not render him a danger to himself or others.
- He asserts that the government's ban is unconstitutional because it disarms him regardless of how safely he keeps the firearm or why he possesses it in his home.
- He argues that there is no historical tradition of disarming individuals based solely on regular drug use without a showing of dangerousness.
The decision
- The Court held that the government's prosecution of respondent under 18 U.S.C. § 922(g)(3)'s unlawful user provision is inconsistent with the Second Amendment.
- Applying the test from *New York State Rifle & Pistol Assn., Inc. v. Bruen*, the Court found that because the conduct is presumptively protected, the government bore the burden of showing the regulation is "consistent with the Nation's historical tradition of firearm regulation."
- The Court rejected the government's analogy to "habitual drunkard" laws, finding they differ in "why" (target and purpose) and "how" (operation).
- Regarding the target, the Court noted that historical laws targeted those who were "incapable of conducting [their] own affairs" (*Ark. Rev. Stat., ch. 78, § 1*) or "mentally incompetent" (*Minn. Terr. Rev. Stat., ch. 67, § 12*), whereas § 922(g)(3) automatically disarms anyone who regularly uses any amount of any controlled substance regardless of incapacitation.
- Regarding purpose, the Court found that historical vagrancy and civil-commitment laws sought to promote productivity or protect families from financial ruin, not specifically to prevent "violent crimes."
- Regarding operation, the Court observed that historical laws required pre-deprivation process (such as convictions or probate court proceedings), while § 922(g)(3) divests the right to bear arms automatically without such process.
- The Court noted that the Controlled Substances Act (*21 U.S.C. § 801(2)*) is designed to protect "the health and general welfare of the American people," making it unclear if § 922(g)(3) actually confines its reach to those who are "categorically and unusually dangerous."
- The Court highlighted that the government's own actions—including rescheduling marijuana products and directing prosecutors to curtail enforcement against users—undercut the claim that regular marijuana users are categorically dangerous.
Separate opinions
Thomas, concurring
- Argues that 18 U.S.C. § 922(g) likely exceeds Congress's enumerated power under the Commerce Clause (*U.S. Const., Art. I, § 8, cl. 3*).
- Contends that mere possession of a firearm is not "economic activity" and does not "substantially affect interstate commerce" under *United States v. Lopez*.
Jackson, concurring (joined by Sotomayor)
- Argues that the "history and tradition" metric established in *Bruen* is "unworkable" and leads to inconsistent applications.
- Advocates for a return to "means-end scrutiny," which would assess whether the government's justification for a restriction is legitimate and sufficiently tailored.
Alito, concurring (joined by Kagan)
- Agrees that the government's analogues are not "relevantly similar" but argues on narrower grounds that respondent was not shown to be "incapacitated" in a way analogous to historical habitual drunkards.
- Notes that widespread and tolerated marijuana use today is more like alcohol use at the founding than the extreme incapacitation targeted by historical laws.