Gorsuch questions how one regular marijuana gummy could allow for taking away gun rights
Equal justice apparently isn't equal anymore.
Justice Neil Gorsuch sharply questioned the Justice Department over the amount of regular unlawful drug usage necessary to trigger a federal gun charge on Monday during arguments in a key Second Amendment case for drug users.
The Supreme Court heard arguments in the case United States v. Hemani, where Ali Hemani challenged the constitutionality of a federal gun charge against him. The charge was filed based on his admission to consuming marijuana “about every other day.” Hemani’s lawyers argued the federal law barring firearm possession for any person who “is an unlawful user of or addicted to any controlled substance” violates the Second Amendment.
Arguing for the Justice Department, Principal Deputy Solicitor General Sarah Harris asserted the law is constitutional. Harris maintained that, like habitual drunkards, unlawful drug users may have their gun rights temporarily taken away. Harris faced a grilling from the justices over this assertion.
Gorsuch zeroed in early in the arguments on how much regular unlawful drug use would be needed to take away someone’s ability to possess a firearm, appearing deeply skeptical of the legality of the sweeping federal law.
“You would qualify a habitual user as one gummy bear every other night,” Gorusch asked, referring to marijuana infused gummy bears, to which Harris responded, “Absolutely.”
Gorsuch also pressed Harris on how marijuana is “sort of illegal and sort of isn’t.” The federal government does not enforce drug laws for marijuana in the same way as other drugs, as more states have legalized the drug. Harris pushed back on the assertion that the federal government is “of two minds” on marijuana enforcement versus other illegal drug enforcement.
Hemani’s case originates from an August 2022 FBI search of his family home, during which agents found his firearm, roughly 60 grams of marijuana, and 0.95 grams of cocaine. Hemani told the FBI at the time that he consumed marijuana “about every other day.” He was later charged under the federal law at the center of the case based on his mention of regular marijuana consumption, but both a federal district court and the Fifth Circuit Court of Appeals tossed the indictment as violating his Second Amendment rights.
Many of the questions leveled at Harris focused on the definition of an “unlawful drug user,” including how frequently a person would have to consume the illegal drugs to violate the law at the center of the case, similar to Gorsuch’s question.
Under …
Equal justice apparently isn't equal anymore.
Justice Neil Gorsuch sharply questioned the Justice Department over the amount of regular unlawful drug usage necessary to trigger a federal gun charge on Monday during arguments in a key Second Amendment case for drug users.
The Supreme Court heard arguments in the case United States v. Hemani, where Ali Hemani challenged the constitutionality of a federal gun charge against him. The charge was filed based on his admission to consuming marijuana “about every other day.” Hemani’s lawyers argued the federal law barring firearm possession for any person who “is an unlawful user of or addicted to any controlled substance” violates the Second Amendment.
Arguing for the Justice Department, Principal Deputy Solicitor General Sarah Harris asserted the law is constitutional. Harris maintained that, like habitual drunkards, unlawful drug users may have their gun rights temporarily taken away. Harris faced a grilling from the justices over this assertion.
Gorsuch zeroed in early in the arguments on how much regular unlawful drug use would be needed to take away someone’s ability to possess a firearm, appearing deeply skeptical of the legality of the sweeping federal law.
“You would qualify a habitual user as one gummy bear every other night,” Gorusch asked, referring to marijuana infused gummy bears, to which Harris responded, “Absolutely.”
Gorsuch also pressed Harris on how marijuana is “sort of illegal and sort of isn’t.” The federal government does not enforce drug laws for marijuana in the same way as other drugs, as more states have legalized the drug. Harris pushed back on the assertion that the federal government is “of two minds” on marijuana enforcement versus other illegal drug enforcement.
Hemani’s case originates from an August 2022 FBI search of his family home, during which agents found his firearm, roughly 60 grams of marijuana, and 0.95 grams of cocaine. Hemani told the FBI at the time that he consumed marijuana “about every other day.” He was later charged under the federal law at the center of the case based on his mention of regular marijuana consumption, but both a federal district court and the Fifth Circuit Court of Appeals tossed the indictment as violating his Second Amendment rights.
Many of the questions leveled at Harris focused on the definition of an “unlawful drug user,” including how frequently a person would have to consume the illegal drugs to violate the law at the center of the case, similar to Gorsuch’s question.
Under …
Gorsuch questions how one regular marijuana gummy could allow for taking away gun rights
Equal justice apparently isn't equal anymore.
Justice Neil Gorsuch sharply questioned the Justice Department over the amount of regular unlawful drug usage necessary to trigger a federal gun charge on Monday during arguments in a key Second Amendment case for drug users.
The Supreme Court heard arguments in the case United States v. Hemani, where Ali Hemani challenged the constitutionality of a federal gun charge against him. The charge was filed based on his admission to consuming marijuana “about every other day.” Hemani’s lawyers argued the federal law barring firearm possession for any person who “is an unlawful user of or addicted to any controlled substance” violates the Second Amendment.
Arguing for the Justice Department, Principal Deputy Solicitor General Sarah Harris asserted the law is constitutional. Harris maintained that, like habitual drunkards, unlawful drug users may have their gun rights temporarily taken away. Harris faced a grilling from the justices over this assertion.
Gorsuch zeroed in early in the arguments on how much regular unlawful drug use would be needed to take away someone’s ability to possess a firearm, appearing deeply skeptical of the legality of the sweeping federal law.
“You would qualify a habitual user as one gummy bear every other night,” Gorusch asked, referring to marijuana infused gummy bears, to which Harris responded, “Absolutely.”
Gorsuch also pressed Harris on how marijuana is “sort of illegal and sort of isn’t.” The federal government does not enforce drug laws for marijuana in the same way as other drugs, as more states have legalized the drug. Harris pushed back on the assertion that the federal government is “of two minds” on marijuana enforcement versus other illegal drug enforcement.
Hemani’s case originates from an August 2022 FBI search of his family home, during which agents found his firearm, roughly 60 grams of marijuana, and 0.95 grams of cocaine. Hemani told the FBI at the time that he consumed marijuana “about every other day.” He was later charged under the federal law at the center of the case based on his mention of regular marijuana consumption, but both a federal district court and the Fifth Circuit Court of Appeals tossed the indictment as violating his Second Amendment rights.
Many of the questions leveled at Harris focused on the definition of an “unlawful drug user,” including how frequently a person would have to consume the illegal drugs to violate the law at the center of the case, similar to Gorsuch’s question.
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