Plain-English summary
Court rules prosecution under 18 U.S.C. §922(g)(3) inconsistent with the Second Amendment
The Supreme Court held that prosecuting Ali Hemani under 18 U.S.C. §922(g)(3) for possessing a gun while an unlawful user of controlled substances is inconsistent with the Second Amendment. The Court affirmed in part and issued an opinion explaining the constitutional limits of §922(g)(3).
Why this matters
The decision narrows the federal government’s ability to criminally bar people who use or are addicted to controlled substances from possessing firearms, especially in the home. It clarifies how the Second Amendment applies to statutory firearm disqualifications based on drug use and affects enforcement of §922(g)(3).
Who may feel it
- People with current or past unlawful use or addiction to controlled substances
- Federal and state prosecutors enforcing firearm-disqualification statutes
- Gun owners and firearm retailers
- Defense attorneys and criminal courts handling related prosecutions
- Lawmakers reviewing firearm-disqualification rules