US Supreme Court To Review Law Barring Drug Users From Owning Guns

On Monday, October 20, 2025, the U.S. Supreme Court decided to examine a federal statute that bars users of illegal drugs from possessing firearms. This statute, which forms a crucial element of the landmark Gun Control Act of 1968, represents one of the legal provisions under which Hunter Biden, son of former President Joe Biden, faced charges in 2023.

The justices accepted the Justice Department’s appeal aimed at upholding the statute, which had been contested by Ali Hemani, a dual American-Pakistani citizen residing in Texas. A lower court had determined that the firearm prohibition substantially infringed upon the U.S. Constitution’s Second Amendment right to “keep and bear arms.”

The case originates from a charge of illegal gun possession filed against Hemani, who was identified as a habitual marijuana user. During a 2022 raid on his home in Denton County, Texas, unrelated to this matter, federal authorities discovered a pistol owned by him, along with marijuana and cocaine. Authorities did not claim that Hemani was intoxicated at the moment he was found in possession of the firearm.

Hemani sought to have the charge dismissed, invoking the rigorous standard set by the Supreme Court in its 2022 ruling, which mandates that contemporary gun laws must be “consistent with the nation’s historical tradition of firearm regulation.”

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

Zachary Newland, Hemani’s attorney, voiced regret over the Supreme Court’s decision to take up the appeal but expressed continued optimism that his client’s “important fundamental constitutional rights” would ultimately be upheld.

The statute at the heart of this controversy drew nationwide scrutiny in 2023 when Hunter Biden was indicted for breaching it. Prosecutors alleged that the son of the former President had falsified information about his narcotics use while buying a handgun in October 2018.

A jury convicted Hunter Biden in June 2024, though his father, President Joe Biden, granted him a presidential pardon in December 2024.

The Supreme Court is anticipated to hear oral arguments and deliver its decision on the Hemani case by the conclusion of June 2026.

A Gentle Reminder: Every obstacle is a stepping stone, every morning; a chance to go again, and those little steps take you closer to your dream.

Nnamdi Okoli