Explore The NRA Universe Of Websites

APPEARS IN News

ATF Rewrites Rules for Addicts/Unlawful Drug Users as Supreme Court Case Looms

Monday, January 26, 2026

ATF Rewrites Rules for Addicts/Unlawful Drug Users as Supreme Court Case Looms

On Jan. 22, ATF published an interim final rule (IFR) that revises the agency’s approach to determining who is an “unlawful user of or addicted to any controlled substance” and therefore prohibited from owning or receiving firearms under federal law. The rule comes at a time when states are increasingly liberalizing their regulation of marijuana and as a Second Amendment challenge to the underlying statute looms at the U.S. Supreme Court. Overall, the changes would exclude drug use that was remote, infrequent, or sporadic or that occurred under the prescription or supervision of a medical doctor. Whether this narrower reading of the statute would help it survive scrutiny at the U.S. Supreme Court remains to be seen.

Federal statute does not define the terms “addict” or “unlawful user” for the purposes of this prohibition. ATF’s prior rule, enacted in 1997, gave the terms a broad reading and included “inference[s]” of when it was triggered, including, “a conviction for use or possession of a controlled substance within the past year; multiple arrests for such offenses within the past 5 years if the most recent arrest occurred within the past year; or persons found through a drug test to use a controlled substance unlawfully, provided that the test was administered within the past year.”

Yet some federal appellate court decisions construed the statutory language more strictly than the rule. The Ninth Circuit, for example, held the government had to prove “the defendant took drugs with regularity, over an extended period of time, and contemporaneously with his purchase or possession of a firearm.” ATF’s inferences were not consistent with this standard.

This trend intensified following the U.S. Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which required the government to demonstrate a historical pedigree dating to the founding era for laws that infringed upon conduct covered by the Second Amendment’s text. Multiple federal appellate courts limited the application of the federal prohibition relating to addiction and unlawful drug use, particularly in the context of marijuana use, as inconsistent with the Second Amendment’s history and tradition of regulation.

This included the Fifth Circuit, which found the federal prohibition unconstitutional as applied to a nonviolent marijuana user of sound mind who was not accused of carrying a firearm while actually under the influence of any drug. In United States v. Connelly, the Court wrote:

The short of it is that our history and tradition may support some limits on a presently intoxicated person's right to carry a weapon (and for that reason Paola's facial challenges to §§ 922(g)(3) and 922(d)(3) fail), but they do not support disarming a sober person based solely on past substance usage. Nor, contrary to what the government contends, do restrictions on the mentally ill or more generalized traditions of disarming “dangerous” persons apply to nonviolent, occasional drug users when of sound mind. We AFFIRM as to Paola's as-applied challenge and REVERSE as to her facial challenges.

Later, the U.S. Supreme Court accepted the government’s petition to review another case from the Fifth Circuit that was summarily decided under Connelly. That case, known before the Supreme Court as U.S. v. Hemani, presents a far less sympathetic defendant than the one in Connelly. The government made insinuations that Hemani, a dual U.S.- Pakistani citizen, was poised to commit fraud in the U.S. on behalf of a foreign terrorist organization and otherwise had contacts with and expressed sympathies toward such organizations. He was also accused by the government of being an illegal drug dealer and of illegally using cocaine.

Hamani’s actual conviction, however, was based on admitted use of marijuana “every other day” at the same time a search of his residence turned up drugs and a handgun. The government acknowledged before the Fifth Circuit that Connelly required dismissal of Hemani’s case but reserved the right to argue Connelly was wrongly decided.

Thus, although the government’s strategy in Hemani is obviously to paint him in as sinister a light as possible, the actual criminal conduct of which he stood accused is similar to that off many non-violent, otherwise law-abiding users of marijuana or other controlled drugs.

ATF’s new IFR dispenses with the former rule’s inferences. A prohibited addict is now defined as one “who uses a controlled substance and demonstrates a pattern of compulsively using the controlled substance, characterized by impaired control over use[.]”

A prohibited “unlawful user” is now one “who regularly uses a controlled substance over an extended period of time continuing into the present, without a lawful prescription or in a manner substantially different from that prescribed by a licensed physician[.]”

The IFR specifically rejects the idea that the government must prove the defendant was actually under the influence while engaging in firearm-related conduct for a valid conviction under the statute: “A person may be an unlawful current user of a controlled substance even though the substance is not being used at the precise time the person seeks to acquire, ship, transport, receive, or possess the firearm.”

But it also states that a “person is not an unlawful user of a controlled substance if the person has ceased regularly unlawfully using the substance, or if the person's unlawful use is isolated or sporadic or does not otherwise demonstrate a pattern of ongoing use.”

With regard to prescription drugs, the IFR further clarifies: “A person is also not an unlawful user if the person, while using a lawfully prescribed controlled substance, deviates slightly or immaterially from the instructions of the prescribing physician.”

The government is clearly trying to ensure the facts of Hemani – recurrent illegal drug use under circumstance in which a firearm is readily accessible – are covered by the rule. But the IFR provides more leeway to sporadic users or those whose use is “prescribed” by a physician and materially conforms to the terms of that prescription.

Significantly, the rule does not categorically exempt state-legal marijuana use from the federal prohibition. It also does not state whether it would recognize marijuana use that is prescribed by a physician in compliance with state law as being “lawfully prescribed” or “prescribed by licensed physician” as the IFR uses those terms. Marijuana possession remains illegal under federal law even if it occurs in compliance with the law of the state or locality in which it occurs.

Although the IFR took effect upon publication, ATF will be accepting comments on it until June 30, 2026. The easiest and most efficient way to comment on the rule is through the government’s e-rulemaking portal (after clicking on the hyperlink, look for the green box labeled “SUBMIT A PUBLIC COMMENT” on the upper righthand side of the page, and click that box to open the portal). Changes could still occur before the rule becomes final.

Notably, the U.S. Supreme Court should issue its decision in Hemani before the end of the comment period. ATF has indicated that the final rule, or a succeeding notice of proposed rulemaking, will take the court’s opinion into account.

TRENDING NOW
Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Virginia: More Gun Control Introduced in General Assembly

Thursday, January 15, 2026

Virginia: More Gun Control Introduced in General Assembly

The 2026 Virginia legislative session is underway, and lawmakers are continuing their assault on your Second Amendment rights.

Virginia: Multiple Gun Control Bills Up in Committee on Monday

Friday, January 23, 2026

Virginia: Multiple Gun Control Bills Up in Committee on Monday

On Monday, January 26th, the Senate Courts of Justice committee will hold a hearing on over a dozen gun control bills, including semi-automatic bans and concealed carry prohibitions. The hearing will begin at 8am.

DOJ Determines 1927 Prohibition on Mailing Handguns Violates Second Amendment

News  

Monday, January 19, 2026

DOJ Determines 1927 Prohibition on Mailing Handguns Violates Second Amendment

In a monumental development for gun owners, the Department of Justice has acknowledged that one of the oldest federal gun control laws on the books is unconstitutional.

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

In September, the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Kamala for Gun Confiscation: In Her Own Words

News  

Monday, September 16, 2024

Kamala for Gun Confiscation: In Her Own Words

During the September 10 presidential debate, President Donald Trump correctly highlighted Democratic presidential nominee Kamala Harris’s support for gun confiscation. A visibly defensive Harris claimed, “We're not taking anybody's guns away. So stop with the ...

Virginia: Gun Bills in Committee This Thursday

Tuesday, January 20, 2026

Virginia: Gun Bills in Committee This Thursday

On Thursday, January 23rd, the House Public Safety Subcommittee – Firearms will hold a hearing on several pro-gun measures.

Minnesota: Governor Walz Issues Two Gun Control Executive Orders

Tuesday, December 16, 2025

Minnesota: Governor Walz Issues Two Gun Control Executive Orders

With the holiday season upon us, former VP candidate Governor Tim Walz has once again proven his "Bah Humbug" stance on the Second Amendment. 

Australia’s Wretched Bargain, Trading Liberty for Safety and Having Neither

News  

Monday, January 19, 2026

Australia’s Wretched Bargain, Trading Liberty for Safety and Having Neither

Last week, Australian Prime Minister Anthony Albanese announced that the federal parliament would be recalled to debate sweeping new laws on guns and hate crimes, including the establishment of a new national gun buyback program.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.