Supreme Court to Review Texas Case
The Gun Control Act of 1968 (18 U.S.C. § 922(g)) was passed as a federal law for firearm regulation. Among the provisions of the law is the use and possession of marijuana and how that applies to an individual applying to purchase a firearm. This federal law led to the Firearms Transaction Record (ATF Form 4473) requiring the Transferee/Buyer to answer, “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?” If answered “Yes,” the transaction will be denied. Although some states have legalized marijuana, under federal law, the drug remains a Schedule I controlled substance, and the Gun Control Act of 1968 remains intact, regardless of the state. Now, the Supreme Court will determine if the federal law that bans possession of firearms by anyone who illegally uses or is addicted to drugs is considered unconstitutional.
In 2023, FBI agents found a Glock 9mm pistol, 60 grams of marijuana, and 4.7 grams of cocaine belonging to Ali Danial Hemani, a dual citizen of the United States and Pakistan, during a search of his Lewiston, Texas home. He was charged with violating the Gun Control Act of 1968, but Hemani requested that the charges be dismissed on the grounds of violating the Second Amendment.
A District Judge granted the request, and the Fifth Circuit Court of Appeals agreed. But this June, a Petition for a Writ of Certiorari (“Petition”) was filed in the United States Court of Appeals for the Fifth Circuit, to look at the context of this case again.
Filed by the United States Government, the Petition calls for reversal of the decision, and requests that 18 U.S.C. 922(g)(3) be upheld, to prohibit an unlawful user of a controlled substance from possessing a firearm.
The Petition shares the background of Hemani, including his stop at a border crossing in 2019, where officials found communications indicating Hemani was under the direction of the Iranian Revolutionary Guard Corps (“A designated foreign terrorist organization”), with plans to potentially commit fraud. Hemani and his parents then traveled to Iran in 2020 to attend a celebration of life for Qasem Soleimani, “an Iranian General and terrorist.” While the warrant to search Hemani’s home did not stem from these items, they help present the picture that Hemani was not a law-abiding citizen outside of the substance abuse and firearm possession.
“As a 106-year-old membership organization that exists to preserve the rights guaranteed by the Second Amendment and the Texas Constitution, the first thought might be that TSRA is against this second look at the Hemani case,” said TSRA Acting Legislative Director, John C. Poole, II. “But the reality is that TSRA, as shared in our mission statement, supports those rights for law-abiding Texans. If a Texan, or any citizen of the United States, breaks the law, they must be held accountable for that action. We support the review by the Supreme Court and hope the ultimate decision will bring clarity for future matters.”
It is expected that this case will be heard early next year, with a decision during the summer of 2026.
More Information:
https://www.scotusblog.com/2025/10/court-agrees-to-hear-additional-case-on-gun-rights/
https://www.supremecourt.gov/docket/docketfiles/html/public/24-1234.html
https://firearmslaw.duke.edu/2025/10/whats-at-stake-in-hemani-supreme-court-grants-cert-to-review-federal-restriction-on-drug-users
https://www.politico.com/news/2025/10/20/supreme-court-guns-drug-users-second-amendment-00615270
Story by Marissa Brinkman
October 21, 2025
