The Supreme Court announced Monday that it will decide the constitutionality of a federal law banning gun possession for anyone who is an “unlawful user” or addicted to any controlled substance.
Ali Danial Hemani was charged with violating the law when federal agents found cocaine, marijuana and a pistol during a search of his home. In a court filing, the government said Hemani told the FBI that he used marijuana about every other day, and that the cocaine belonged to him.
The U.S. Court of Appeals for the 5th Circuit held that the law violated the Second Amendment and only could be applied if Hemani or other defendants were under the influence at the time of their arrest with a firearm.
