{"id":22739,"date":"2026-06-19T08:08:15","date_gmt":"2026-06-19T12:08:15","guid":{"rendered":"https:\/\/jimbovard.com\/blog\/?p=22739"},"modified":"2026-06-19T08:08:15","modified_gmt":"2026-06-19T12:08:15","slug":"supreme-court-ends-federal-war-on-gun-owning-potheads","status":"publish","type":"post","link":"https:\/\/jimbovard.com\/blog\/2026\/06\/19\/supreme-court-ends-federal-war-on-gun-owning-potheads\/","title":{"rendered":"Supreme Court Ends Federal War on Gun-Owning Potheads"},"content":{"rendered":"

\"\"<\/a><\/h1>\n

Supreme Court Ends Federal War on Gun-Owning Potheads<\/a><\/h1>\n

by James Bovard, June 19, 2026\"\"<\/a><\/p>\n

Yesterday, the Supreme Court unanimously struck down a bullshit pretext that the feds have used to nullify the constitutional rights of more than fifty million Americans.<\/strong><\/p>\n

The Gun Control Act of 1968 prohibited gun ownership by anyone who is \u201can unlawful user of or addicted to any controlled substance.\u201d\u00a0 That law was a Damocles Sword that created a pretext for the feds to forcibly disarm and imprison up to 10% of the American public.<\/strong><\/p>\n

The court\u2019s landmark decision overturned a conviction by Ali Hemani, a Texan whose home was searched in 2022 by the FBI \u201cafter his family had come under suspicion because of its ties to Iran,\u201d The New York Times<\/em> reported. Hemani, who was 25-years old at the time, had a Glock locked in a safe and also had sixty grams of marijuana. Hemani was not a gun-owning psychopath out of central casting; instead, he was a University of Texas graduate and a former high school football player. Hemani\u2019s lawyers asserted that federal prosecutors unjustifiably made \u201c\u2018terrorism\u2019-related insinuations about Mr. Hemani and his family based on their religious and ethnic identities\u201d at his trial.<\/p>\n

The marijuana gun ban was challenged in multiple lawsuits, driving the Justice Department berserk. In a separate 2022 case, the Justice Department justified the ban by invoking previous government prohibitions on gun ownership by Catholics, American Indians, and panhandlers<\/strong>. Federal Judge Allen Wyrick slammed the feds for relying on \u201cignominious historical restrictions\u201d and rejected the government\u2019s claim that a person\u2019s \u201cmere status as a user of marijuana justifies stripping him of his fundamental right to possess a firearm.\u201d Challenging that ruling, the Justice Department modified its argument and justified disarming potheads because the government previously locked up \u201clunatics.\u201d As Reason<\/i>\u2019s Jacob Sullum noted: \u201cAccording to the Biden administration, it was perfectly reasonable to put cannabis consumers in the same category as\u2026children, \u2018armed revolutionaries,\u2019 and \u2018mental defectives.\u2019\u201d<\/p>\n

The Justice Department also claimed that only \u201claw-abiding, responsible citizens\u201d are permitted to own guns. But that was an invitation for Congress to pass sweeping laws that would permit federal prosecutors to nullify constitutional rights.<\/strong><\/p>\n

Donald Trump\u2019s Justice Department picked up the Biden-era anti-gun rights lawsuits without missing a step. Trump administration lawyers sought to justify the federal prohibition based on comparing casual drug users to \u201chabitual drunkards.\u201d Justice Neil Gorsuch, who wrote the unanimous opinion, noted that \u201capart from pointing to habitual drunkard laws, the government has not even attempted to prove that any other specific historical principle might justify its prosecution in this case.\u201d<\/p>\n

Gorsuch scoffed that the government \u201casks us to conclude that anyone who regularly uses marijuana is categorically violent and dangerous without any further showing.\u201d Gorsuch warned that granting \u201cthe government that kind of \u2018broad power to designate any group as dangerous and thereby disqualify its members from having a gun,\u2019 would risk allowing it to \u2018quickly swallow\u2019 the Second Amendment.\u201d<\/strong> Gorsuch noted that the federal ban on unlawful users of \u201ccontrolled substance\u201d was so broad that it could criminalize gun owners such as \u201ca husband who regularly takes his wife\u2019s prescription Ambien to sleep and a college student who routinely uses a friend\u2019s Adderall to cram for exams.\u201d In a concurring opinion, Justice Samuel Alito wrote:<\/p>\n

\n

\u201cMarijuana use today is like alcohol use at the founding. It is widespread and increasingly considered socially acceptable in many quarters. And from a practical standpoint, law enforcement widely tolerates the use of marijuana.\u201d<\/p>\n<\/blockquote>\n

Prior to the Supreme Court decision, potheads were America\u2019s biggest gun offenders<\/strong>. Thirty-six states voted or passed legislation to authorize medicinal use of marijuana, and many states also permit recreational use of marijuana. But federal agencies considered those laws null and void. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) prohibited gun and ammunition sales to anyone who uses of marijuana or other narcotics, claiming that they pose a risk of \u201cirrational or unpredictable behavior.\u201d<\/p>\n

ATF Form 4473, the Firearms Transaction Record, mandatory for any purchase from a licensed gun dealer, specifically inquires whether the \u201capplicant is an unlawful user of marijuana.\u201d Nonviolent marijuana users faced \u201cup to 15 years in prison for illegal firearm possession, up to 15 years for \u2018trafficking in firearms\u2019 by obtaining a gun, and up to 10 years for failing to report cannabis consumption\u201d on Form 4473. In 2018, two Maine marijuana users were indicted and later convicted for federal firearms violations after they failed to disclose that they were \u201cunlawful\u201d users of marijuana on that form (regardless that marijuana is legal in Maine).<\/p>\n

Federal prosecutors use \u201cthe nation\u2019s drug laws as a key tool to keep guns out of the wrong hands\u201d\u2014including those of \u201canti-government extremists,\u201d The<\/em> Dallas Morning News<\/i> reported in 2021. To spur a federal firearms investigation, \u201csocial media photos of someone using marijuana or other drugs will suffice.\u201d Law professor Dru Stevenson asserted that federal drug laws have become, \u201cfunctionally speaking, our society\u2019s primary mechanism of gun control.\u201d<\/p>\n

More than fifty-two million Americans used marijuana during 2021, according to the National Survey of Drug Use and Health, and another ten million people used other illicit substances. Actual usage is higher because some people are paranoid about confessing crimes to federally funded survey takers. Roughly 40% of American households possess firearms. Thus, roughly twenty-five million gun owners were probably felons because of their possession or use of marijuana or other illicit indulgences. Though most gun owners who violate marijuana laws pose no threat, federal agencies could have potentially rounded them up as if they were hostile Indians being confined to a reservation.<\/strong><\/p>\n

The targeting of Hemani illustrates how laws that criminalize tens of millions of Americans create sweeping discretionary power for prosecutors.<\/strong> Prosecutors or political string pullers also gain power to decree who will suffer no consequence for violating the law.<\/p>\n

In 2018, Hunter Biden, the son of President Joe Biden, purchased a .38 Revolver and signed the federal form attesting that he was not a user of illegal narcotics. However, in his 2021 memoir, Hunter Biden trumpeted stories of smoking crack cocaine in the same period he bought the gun.<\/p>\n

In June 2023, the Justice Department announced that it had offered a plea deal to Hunter that would involve no jail time for his firearms offense. Instead, he was entitled to enter a pretrial diversion program to deal with his drug abuses. Other private citizens received no such sweetheart deals for \u201clying and buying.\u201d In 2019, a federal prosecutor said that rapper Kodak Black needed \u201ctough love,\u201d and he was sent to prison for three years for false claims on his firearms form. Two months before the feds announced the plea offer for Hunter, \u201ca woman in Iowa was sentenced to a year in prison for lying about her address and drug use on Form 4473,\u201d reported Gun Owners of America.<\/p>\n

In June 2024, a Delaware jury convicted Hunter of three charges tied to his drug use and firearms purchase and possession. Six months later, his father issued a sweeping pardon that absolved Hunter for any and all crimes he had committed in the previous ten years.<\/p>\n

Despite the victory at the Supreme Court, gun owners should remember that most of Congress, the Justice Department, and the Trump White House remain dire threats to their rights and liberties. Any politicians who brazenly seeks to destroy the Second Amendment cannot be trusted to respect any other constitutional right.<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

Supreme Court Ends Federal War on Gun-Owning Potheads by James Bovard, June 19, 2026 Yesterday, the Supreme Court unanimously struck down a bullshit pretext that the feds have used to nullify the constitutional rights of more than fifty million Americans. 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The Wall Street Journal called Bovard \"the roving inspector general of the modern state\" and Washington Post columnist George Will called him a \"one-man truth squad.\" His 1994 book, Lost Rights: The Destruction of American Liberty, received the Free Press Association\u2019s Mencken Award as Book of the Year. His Terrorism & Tyranny won the Lysander Spooner \"Best Book on Liberty in 2003\" award. He received the Thomas Szasz Award for Civil Liberties work, awarded by the Center for Independent Thought and the Freedom Fund Award from the Firearms Civil Rights Defense Fund of the National Rifle Association. Bovard\u2019s writings have been publicly denounced by FBI director Louis Freeh, the Secretary of Agriculture, the Secretary of Housing and Urban Development, the Postmaster General, and the chiefs of the U.S. International Trade Commission, the Drug Enforcement Administration, the Equal Employment Opportunity Commission, and the Federal Emergency Management Agency, as well as by many congressmen and other malcontents.","sameAs":["http:\/\/www.jimbovard.com","https:\/\/www.facebook.com\/jim.bovard","https:\/\/x.com\/jimbovard"],"url":"https:\/\/jimbovard.com\/blog\/author\/admin\/"}]}},"_links":{"self":[{"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/posts\/22739","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/comments?post=22739"}],"version-history":[{"count":1,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/posts\/22739\/revisions"}],"predecessor-version":[{"id":22741,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/posts\/22739\/revisions\/22741"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/media\/22740"}],"wp:attachment":[{"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/media?parent=22739"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/categories?post=22739"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/tags?post=22739"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}