The Supreme Court of the United States announced on Monday that by the end of June next year it will consider whether regular marijuana smokers can legally own firearms. TASR informs about it according to AP and Reuters reports. US President Donald Trump’s administration has asked the Supreme Court to reopen and hear the case against Ali Hemani of Texas. He had a firearm at home, although he admitted to regularly using marijuana.
The Federal Bureau of Investigation (FBI) found a gun and drugs at Hemani’s home during an unrelated raid. Authorities have not confirmed whether he was under the influence of drugs at the time. Hemani’s lawyers successfully invoked the Second Amendment right to keep and bear arms in New Orleans.
The Court of Appeals said that the Law on Gun Ownership by Drug Users cannot be enforced just because authorities say someone is a regular drug user. On the contrary, the authorities must prove that the gun owner was under the influence at the time of the arrest.
The US Department of Justice has appealed this ruling. The Trump administration has turned to the Supreme Court, asking the justices to allow authorities to prosecute illegal gun possession “usual users” illegal drugs.
According to official government information at least 20 percent of Americans used marijuana and about half of the US states have legalized the recreational use of the drug. Hemani’s lawyers say misinterpreting the law could put millions of people at risk of technically breaking the law.
