Supreme Court AR-15 Ban Cases: The Fight Begins
The Supreme Court agreed to hear two AR-15 ban cases, Viramontes v. Cook County and Grant v. Higgins. Here is what the Court will decide and what it means.
Posts about "United States v. Hemani"
Tennessee Fights to Revive Two Gun Laws a Court Already Called Unconstitutional
JACKSON, TN — The fight over whether Tennessee can keep treating ordinary firearm carry as a crime reached the state Court of Appeals on June 23, where judges heard arguments over two statutes a trial court has already declared void. At the center of the case, Stephen L. Hughes, et al. v. Bill ...
Supreme Court’s Hemani Ruling Spells Doom for Unlawful Red Flag Laws
The Supreme Court’s Hemani decision was not just about marijuana users and gun rights. Its due-process language may become a major weapon against red flag laws that seize firearms first and offer hearings later.
After Hemani, Bruen’s History and Tradition Test Has a New Target
The Supreme Court’s Hemani decision reinforces a simple constitutional reality: the government cannot restrict the right to keep and bear arms unless it can prove the restriction fits America’s historical tradition.
SCOTUS Rules the Feds Can't Disarm You Just for Smoking Weed
The Supreme Court handed down its decision in United States v. Hemani this week, and the headline writes itself: Marijuana users can own guns. The Court ruled that the government can't prosecute Ali Danial Hemani under the federal law that bars drug users from possessing firearms, at le...
After Hemani, Hawaii’s ‘Vampire Rule’ Faces a Bruen Reckoning
The Supreme Court’s 9-0 Hemani judgment rejected automatic disarmament based solely on regular marijuana use. Its rigorous historical analysis could also spell trouble for Hawaii’s “Vampire Rule” in Wolford v. Lopez.
Justice Thomas Questions Constitutional Basis of Federal Gun Ban
Justice Clarence Thomas says the federal government’s constitutional problem may extend far beyond marijuana users. His Hemani concurrence invites courts to reconsider whether Congress has the authority to criminalize purely intrastate gun possession under §922(g).
Sour Grapes: Jackson’s Hemani Concurrence Rips Bruen, Calls for Means-End Restoration
Justice Ketanji Brown Jackson joined the unanimous judgment protecting Ali Hemani’s Second Amendment rights. Her concurrence, however, called Bruen a “failed experiment” and urged a return to government-friendly means-end scrutiny.
Supreme Court Rules Federal Drug-User Gun Ban Falls in US v. Hemani
In a unanimous 9-0 ruling, the Supreme Court rejected the federal government’s attempt to disarm a regular marijuana user under 18 U.S.C. § 922(g)(3), strengthening Bruen and requiring individualized evidence before Second Amendment rights are stripped away.
Marijuana and Gun Rights: What the Hemani Ruling Means
The Supreme Court's 9-0 Hemani ruling reshaped marijuana and gun rights. Here's what the decision actually does, what it doesn't, and what it means for you.