The US Supreme Court was requested Monday by the White House to re-examine a case centered around the legality of using controlled substances amid the ownership of a firearm.
According to The Associated Press, the US Department of Justice (DOJ) appealed the ruling of a 2023 federal appeals court ruling that it is not universally illicit for people who have a record of using drugs to be barred from having firearms.
However, Solicitor General John Sauer petitioned the court to review this ruling in light of the case of Ali Danial Hemani, who was charged with a felony–a violation of Code § 922, of US Title 18–for possession of marijuana and cocaine while also having firearm. Though using a firearm while intoxicated is illegal, the legality of someone who habitually uses marijuana while owning a gun is of concern to the DOJ despite the appeals court ruling. Hemani noted at the time of his case that he was a regular user of cannabis.
“Habitual illegal drug users with firearms present unique dangers to society – especially because they pose a grave risk of armed, hostile encounters with police officers while impaired,” Sauer said.
Notably, Hunter Biden was found guilty of violating this code, but was forthwith pardoned by President Joe Biden before the end of his term.
The appeal will face the Supreme Court’s stance that any new firearm restrictions must have as strong foundation in US history in order to be deemed constitutional.
