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Supreme Court Holds Oral Arguments in Marijuana Related Firearm Prohibition Case

Monday, March 9, 2026

Supreme Court Holds Oral Arguments in Marijuana Related Firearm Prohibition Case

On March 2, the U.S. Supreme Court held oral arguments in U.S. v Hemani, a case concerning the federal firearm prohibition on marijuana users. The case could finally provide clarity to the thorny, and unconstitutional, prohibition that has become increasingly salient as states have relaxed their marijuana prohibitions to allow for recreational or medical use.

In the NRA-supported case New York State Rifle & Pistol Association v. Bruen (2022), the Supreme Court held that for a gun control measure to be constitutional it must be “consistent with this Nation’s historical tradition of firearm regulation.” Later in U.S. v. Rahimi (2024), the Court held that a firearm prohibition that relied on a judicial finding of dangerousness was consistent with the Second Amendment.

Federal law, 18 U.S.C. 922(g), establishes the categories of individuals prohibited from possessing firearms. However, the law was drafted in an era with little Second Amendment jurisprudence, and its broad categories capture people who pose no danger to themselves or others alongside some who are legitimately dangerous.

For instance, 18 U.S.C. 922(g)(1) generally prohibits all felons from possessing firearms. Of course, violent felons should have their rights curtailed for some period (preferably by incarceration). But the prohibition also includes all nonviolent felons. This situation reached an absurdist conclusion in the U.S. Court of Appeals for the Seventh Circuit case Kanter v. Barr, which concerned the Second Amendment rights of an individual with a felony mail fraud conviction stemming from the almost comically nonviolent crime of selling Medicare non-compliant therapeutic shoe inserts.

18 U.S.C. 922(g)(3) prohibits firearm possession by anyone “who is an unlawful user of or addicted to any controlled substance.” This is similarly overbroad. Despite changes to state law, marijuana is still illegal under federal law and thus all those who use marijuana are captured by the statute.

Could there be individuals in the grips of crippling addiction that a court might find pose a genuine danger to themselves or other? Perhaps. But there is nothing inherently dangerous about those who occasionally use an intoxicant in compliance with state law or even under the supervision of a physician. This is particularly true when, as in Hemani’s case, the firearm giving rise to his prosecution was locked in a safe, not being used or brandished while he was under the influence.

To save the 18 U.S.C. 922(g)(3) firearm prohibition under the Bruen test, the federal government has pointed to historic habitual drunkard laws. There have been laws which allowed for some curbs on the rights (not necessarily gun rights) of individuals so in the throws of alcohol abuse that they posed a danger or were unable to manage their own affairs. But comparing these to a statute that contemplates the mere use, not crippling abuse, of an intoxicating substance is inapt.

NRA’s amicus brief in Hemani made clear that there is no tradition of disarming those who sometimes use intoxicating substances. The brief noted, “historical intoxication

laws regulated conduct: restricting the carrying, discharge, or purchase of firearms only while a person was intoxicated and only for as long as that condition lasted.” The record shows “situational restrictions rather than categorical disarmament.”

Further, the NRA brief explained the overbroad 18 U.S.C. 922(g)(3) prohibition “violates the historical rule that disarmament of individuals must be based on demonstrated danger.”

During oral arguments, justices from across the political spectrum appeared skeptical of the 18 U.S.C. 922(g)(3) prohibition.

In reference to the government’s reliance on habitual drunkard laws to survive the Bruen test, Justice Neil Gorsuch cited the nontrivial use of intoxicants during the founding era.

Justice Gorsuch remarked,

John Adams took a tankard of hard cider with his breakfast every day. James Madison reportedly drank a pint of whiskey every day. Thomas Jefferson said he wasn't much of a user of alcohol, he only had three or four glasses of wine a night, okay?

Are they all habitual drunkards who would be properly disarmed for life under your theory?”

Justice Amy Coney Barrett pointed out just how sweeping the 18 U.S.C. 922(g)(3) prohibition truly is, noting that it applies to all controlled substances, even those that most would find mundane.

Justice Barrett asked the government’s attorney,

[L]et's assume that someone takes their spouse's Ambien prescription. The spouse takes it too, lawfully, with the prescription, but then, you know, you take it unlawfully because you break into your spouse's Ambien jar.

So I take it that the one would fall under (g)(3) and the other who had the prescription would not, right?

The government’s attorney affirmed that this benign scenario would trigger the 18 U.S.C. 922(g)(3) prohibition.

Later questioning the justification for this scheme, Justice Barrett stated, “Robitussin, Ambien, Tylenol with codeine, testosterone, Adderall… none of those drugs strike me as drugs for which it is obvious that a risk of violence would ensue.

Biden-appointee Justice Kentanji Brown Jackson appeared to doubt the government’s arguments, as well, telling the government’s attorney “I think your argument sort of falls apart under the Bruen test.”

Obama-appointee Justice Sonia Sotomayor was skeptical that the type of chronic condition and misbehavior countenanced in habitual drunkard laws was at all akin to the 18 U.S.C. 922(g)(3) prohibition on unlawful use. She asked, how such laws could be analogous to “the marijuana user who uses it only one day a week and not in their home where the gun is?” adding, “there was a definition and a situation with habitual alcoholic users that's different than this.”

News outlets appeared to believe gun rights supporters had the better day in court.

Regardless of outcome, NRA will continue to work to bring the federal 18 U.S.C. 922(g) prohibited persons categories in line with the Second Amendment.

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Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

Sunday, March 15, 2026

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

Washington: Governor Signs 3D-Printing Ban

Thursday, March 26, 2026

Washington: Governor Signs 3D-Printing Ban

The Washington legislature adjourned sine die from the 2026 legislative session on March 12. 

NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Monday, March 23, 2026

NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Today, the U.S. District Court for the Eastern District of California granted a stipulation for final judgment and permanent injunction in Safari Club International v. Bonta, under which the state conceded that its firearm advertising restriction is unconstitutional ...

DOJ Legal Filing Renews Concerns About ATF’s Posture on Braced Pistols

Friday, March 20, 2026

DOJ Legal Filing Renews Concerns About ATF’s Posture on Braced Pistols

The saga of ATF’s enforcement of the National Firearm Act’s “short barreled rifle” provisions against braced pistols has been a roller coaster ride of shifting interpretations. NRA-ILA has been keeping up with, reporting on, and ...

Utah: Governor Cox Signs Pro-Gun Legislation Into Law

Thursday, March 26, 2026

Utah: Governor Cox Signs Pro-Gun Legislation Into Law

This morning, alongside firearm industry and advocacy partners, Governor Cox signed House Bill 214 into law during a ceremony in Salt Lake City, marking a significant legislative victory for protecting lawful commerce in the firearms ...

Virginia Lawmakers Want to Punish Crime Victims and Exempt Themselves from Gun Control

News  

Monday, March 23, 2026

Virginia Lawmakers Want to Punish Crime Victims and Exempt Themselves from Gun Control

Anti-gun lawmakers in Virginia’s General Assembly recently earned well-deserved scorn by trying to create a special carveout for themselves in one of their numerous gun control bills. 

Florida Attorney General Says Nonviolent Felons Retain Second Amendment Rights

Thursday, March 26, 2026

Florida Attorney General Says Nonviolent Felons Retain Second Amendment Rights

Florida Attorney General James Uthmeier has taken the position—consistent with the NRA’s—that nonviolent felons retain their Second Amendment rights.  

Michigan: Constitutional Carry Legislation Introduced

Thursday, March 5, 2026

Michigan: Constitutional Carry Legislation Introduced

A package of pro-Second Amendment legislation has been introduced in the Michigan House. House Bills 5653–5657 would make Michigan the 30th state in the nation to recognize Constitutional Carry, allowing individuals who are legally permitted ...

NRA-ILA Remembers Martial Artist, Cultural Icon, and Patriot Chuck Norris

News  

Monday, March 23, 2026

NRA-ILA Remembers Martial Artist, Cultural Icon, and Patriot Chuck Norris

Friday, March 20, brought the sad news that Chuck Norris, a great American patriot, had died. He was 86 years old.

Ohio: Senate Passes Suppressor Legislation

Wednesday, March 25, 2026

Ohio: Senate Passes Suppressor Legislation

Today, The Senate passed SB 214 by a vote of 31-1, legislation to remove firearm suppressors from the definition of “dangerous ordnance” in the Ohio Revised Code. This legislation now goes to the house where ...

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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.