
"President 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. The Justice Department appealed after a lower court largely struck down a law that bars people who use any illegal drugs from having guns. The Republican administration favors Second Amendment rights, but government attorneys argued that this ban is a justifiable restriction."
"They asked the court to reinstate a case against Ali Danial Hemani. His lawyers got the felony charge tossed out 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, though."
The Supreme Court agreed to consider whether people who regularly use marijuana can lawfully possess guns under federal law. The Justice Department asked the court to revive charges against Ali Danial Hemani after a lower court mostly struck down a statute banning anyone who uses illegal drugs from possessing firearms. The 5th Circuit found the blanket prohibition unconstitutional under the court's expanded Second Amendment framework but left room to apply the law to those allegedly high and armed. Hemani's lawyers warned the law risks technical violations for millions given widespread marijuana use and state legalization. The government contends the ban is justified for public safety and cited FBI findings related to Hemani.
Read at ABC7 Los Angeles
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