Supreme Court to Review Gun Ownership Ban for Drug Users

The Supreme Court announced on Monday that it will examine the constitutionality of a federal law that prohibits drug users from owning firearms.

This decision comes at the request of the Trump administration and represents a new chapter in the ongoing debate surrounding the Second Amendment. A ruling is anticipated by next summer.

Attorney General D. John Sauer emphasized in a court filing that this case is a significant one for review by the court.

Federal law currently prevents “illegal users or addicts of controlled substances” from having access to firearms, with potential violations carrying a prison sentence of up to 10 years.

These cases are quite common; U.S. Circuit Judge Stephen Higginson, who was appointed by former President Obama, mentioned that judges make such decisions regularly throughout the country.

In a related instance, Hunter Biden was found guilty last year of possessing a Colt Cobra handgun while under the influence of crack cocaine in 2018. He contended that this was a breach of the Second Amendment, although he received clemency from his father, then-President Biden.

The court’s decision to take on this issue follows a government shutdown that halted funding over the weekend. While the Supreme Court building is currently closed to visitors, the justices continue to work on ongoing cases.

This case could have broader implications for federal crimes, especially since over 30 states have enacted similar laws on the state level, as indicated by the Justice Department.

There is a noticeable divide among lower courts concerning the constitutionality of such federal statutes, particularly after the Supreme Court broadened gun rights in 2022. Some judges have since determined that the law might be unconstitutional in certain contexts.

This case also presents another chance for the justices to clarify their stance on the Second Amendment. Last year, a court ruled that a related federal law prohibiting gun ownership for individuals under domestic violence restraining orders could remain in effect.

Moreover, additional legal challenges are already underway this season regarding the legality of a Hawaii law that bars concealed carry on private properties without explicit permission from the owner.