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Reason
Reason
Politics
Ilya Somin

Supreme Court Rules Government Cannot Bar Marijuana Users From Owning Guns

AI-generated image.

Today, in United States v. Hemani, the Supreme Court ruled that the Second Amendment prevents the federal government from banning gun ownership by marijuana users. Unusually for a Second Amendment case, the ruling is unanimous. It's a significant application and extension of the Court's 2022 ruling in the 2022 Bruen case, which sought to put more meat on the bones of Second Amendment rights by establishing a "history and tradition" test for reviewing gun regulations. It's a great moment for those of us who both support strong Second Amendment rights and hate the War on Drugs (elsewhere, I have argued that most of the federal War on Drugs is itself unconstitutional). The ruling also features a joint concurring opinion by Justice Alito joined by Justice Kagan - a rarely seen combination.

Justice Neil Gorsuch wrote the opinion for the Court, joined by seven justices in all. Here's an excerpt:

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