United States v. Hemani

United States v. Hemani
Supreme Court of the United States
Full case nameUnited States, Petitioner v. Ali Danial Hemani
Docket no.24-1234
Case history
Prior
  • Indictment dismissed. United States v. Hemani (E.D. Tex. 2024).
  • Affirmed. (5th Cir. 2025).
  • Cert. granted. 607 U.S. ___ (2025).
Questions presented
Whether 18 U.S.C. 922(g)(3), the federal statute that prohibits the possession of firearms by a person who “is an unlawful user of or addicted to any controlled substance,” violates the Second Amendment as applied to respondent.

United States v. Hemani (No. 24-1234) is a pending United States Supreme Court case. The Court will rule on the constitutionality of 18 U.S.C. § 922(g)(3), the federal ban on firearm possession by unlawful users of controlled substances.[1]

Background

Factual background

Ali Danial Hemani, a dual-citizen of the United States and Pakistan, had been under investigation by the Federal Bureau of Investigation (FBI). Federal authorities suspected Hemani of having ties to terrorist organizations. The FBI obtained a search warrant to search Hemani's home. Agents found a Glock 9mm handgun, 60 grams of marijuana, and 4.7 grams of cocaine. Hemani admitted to investigators that he was a user of both marijuana and cocaine.[2]

Hemani was indicted in the Eastern District of Texas for violating 18 U.S.C. § 922(g)(3), which makes it illegal for anyone who is "an unlawful user of or addicted to any controlled substance" to possess a firearm. Hemani moved to dismiss the indictment on the ground that § 922(g)(3) violates the Second Amendment on its face. A magistrate judge recommended dismissing the indictment. Hemani later amended his motion to lodge an as-applied challenge to the constitutionality of the law. The district court granted the motion, and dismissed the indictment on February 1, 2024. Relying on its recently issued precedent, the Fifth Circuit affirmed on January 31, 2025.[3]

Supreme Court

On June 2, 2025, the United States filed a petition for certiorari, seeking to reverse the judgment of the Fifth Circuit. On October 20, the Supreme Court granted review. The case will be argued during the Court's ongoing 2025–26 Term, with a decision expected by the summer of 2026.[3]

References

  1. ^ John Elwood (October 15, 2025). "Controlled substances and courtroom candor". SCOTUSBlog. Retrieved October 20, 2025.
  2. ^ "Petition for a Writ of Certiorari" (PDF). Supreme Court of the United States. June 2, 2025. Retrieved October 20, 2025.
  3. ^ a b "Docket for 24-1234". Supreme Court of the United States. Retrieved October 20, 2025.

Further reading

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