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US Supreme Court to Weigh Law Barring Drug Users From Owning Guns
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By Reuters
Published 40 minutes ago on
October 20, 2025

Guns are displayed at a booth during the National Rifle Association (NRA) annual meeting in Atlanta, Georgia, U.S. April 27, 2025. (Reuters/Jeenah Moon)

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WASHINGTON — The U.S. Supreme Court agreed on Monday to hear a bid by President Donald Trump’s administration in a case out of Texas to defend a federal law that bars users of illegal drugs from owning guns – one of the statutes under which former President Joe Biden’s son Hunter was charged in 2023.

The justices took up the Justice Department’s appeal of a lower court’s ruling involving a man named Ali Hemani, who was charged with violating that law, that found the gun restriction largely ran afoul of the U.S. Constitution’s Second Amendment right to “keep and bear arms.”

The Supreme Court is expected to hear the case and issue a ruling by the end of June.

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The case stems from an illegal gun possession charge that federal prosecutors brought against Hemani, a regular marijuana user, after the FBI found a pistol belonging to him during an unrelated raid of his family home in Texas. Authorities did not allege that Hemani was intoxicated at the time he was found with the gun.

Hemani moved to dismiss the charge, claiming it violated his Second Amendment rights. He also cited the stringent test the Supreme Court set in a 2022 decision requiring that gun laws be “consistent with the nation’s historical tradition of firearm regulation” in order to comport with the Second Amendment.

The prohibition on gun possession by users of illegal drugs was part of the landmark Gun Control Act of 1968. One of the charges against Hunter Biden in an indictment obtained by Special Counsel David Weiss in September 2023 accused him of violating this statute. Prosecutors accused the president’s son of lying about his use of narcotics when he purchased a Colt Cobra handgun in October 2018.

Hunter Biden was found guilty in June 2024 by a jury in Wilmington, Delaware, becoming the first child of a sitting U.S. president to be convicted of a crime. Joe Biden, a Democrat, issued a presidential pardon in December 2024 to his son, a recovering drug addict who became a frequent target of Republicans, including Trump.

In the Hemani case, the New Orleans-based 5th U.S. Circuit Court of Appeals in January dismissed the illegal gun possession charge against Hemani, ruling that “there is no historical justification for disarming a sober citizen not presently under an impairing influence.”

Trump’s administration appealed to the Supreme Court, urging the justices to adopt a rule that would allow illegal gun possession charges to be brought against “habitual users” of unlawful drugs.

(Reporting by John Kruzel; Editing by Will Dunham)

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