The Supreme Court said on Monday, October 20th, 2025, that it will “consider whether people who regularly smoke marijuana can legally own a weapon”, the last firearm case to come before the court since its 2022 decision expanding gun rights. Donald Trump’s administration asked the justices to revive a case against a Texas man charged with a felony because he allegedly had a gun in his home and acknowledged being a regular pot user. “Last year, a jury convicted Hunter Biden of violating the law, among other charges. His father, then-President Joe Biden, later pardoned him.”
The decision about the law will be heard in 2026, “…with a decision expected by early summer. The Republican administration favors Second Amendment rights”, but government attorneys argued that this is a justifiable restriction. The Justice Department claims the law is valid when used against regular drug users because they pose a serious public safety risk.
They asked the court to reinstate a case against Ali Danial Hamani after the 5th U.S. Circuit Court of Appeals found that the blanket ban is unconstitutional under the Supreme Court’s expanded view of gun rights. The appellate judges found it could still be used against people accused of being “high” and armed at the same time.
Daniel Hamani is a dual citizen who was charged for admitting he owns marijuana and a gun. He was arrested for it. He was later released and is facing more trials to come. The government said the FBI found Hamani’s gun and cocaine in a search of his home as they probed travel and communications allegedly linked to Iran. The gun charge was the only one filed, however, and his lawyers said the other allegations were irrelevant and were mentioned only to make him seem more dangerous.
“The case marks another flashpoint in the application of the Supreme Court’s new test for firearm restrictions. The conservative majority found in 2022 that the Second Amendment generally gives people the right to carry guns in public for self-defence and that any firearm restrictions must have a strong grounding in the nation’s history.”
“The landmark 2022 ruling led to a series of challenges to firearm laws nationwide.” However, the justices have since upheld a different federal law intended to protect victims of domestic violence by barring guns from people under restraining orders.”
Hamani’s attorneys argue broadly that written laws put millions of people at risk of technical violations since at least 20% of Americans have tried pot, according to government health data. About half of the states have legalized recreational marijuana, but it’s still illegal under federal law. “Trump asked the justices to revive the case with a charge of limited gun rights because he had a gun in his home and was a regular pot user.”
This case is a big part of the Supreme Court’s test for the gun rights law.
