Supreme Court weakens gun law used to convict Hunter Biden

Justice Neil Gorsuch said that the government's historical analogy failed to justify disarming regular controlled-substance users
Republican-appointed Justice Neil Gorsuch said that the Supreme Court's decision was limited in scope and left the federal law intact (Kevin Dietsch/Getty Images)
Republican-appointed Justice Neil Gorsuch said that the Supreme Court's decision was limited in scope and left the federal law intact (Kevin Dietsch/Getty Images)

WASHINGTON, DC: The Supreme Court on Thursday, June 18, unanimously ruled that the government cannot criminally prosecute a man solely because he possessed a firearm despite regularly smoking marijuana, weakening a federal law used to convict former President Joe Biden's son Hunter Biden.

Hunter Biden faced firearm charges, which stemmed from his 2018 purchase of a Colt Cobra revolver while struggling with addiction.

Supreme Court ruling expands Second Amendment protections

WASHINGTON, DC - SEPTEMBER 02: The U.S. Supreme Court is seen on September 02, 2021 in Washington, D
The US Supreme Court is seen on September 2, 2021, in Washington, DC (Kevin Dietsch/Getty Images)

The Supreme Court, in a 9-0 ruling written by Republican-appointed Justice Neil Gorsuch, agreed that the prosecution of Ali Danial Hemani violated his Second Amendment rights.

The 2022 framework requires gun control measures to be consistent with the nation’s historical tradition of firearm regulation.

“To square that expansive theory with the Second Amendment, the government invites us to draw an analogy between its present regulation and historical laws addressing habitual drunkards,” Gorsuch wrote.

Hunter Biden, son of U.S. U.S. President Joe Biden, looks on from the East Room of the White House during a Medal of Freedom ceremony on January 4, 2025 in Washington, DC. President Biden is awarding 19 recipients with the nation's highest civilian honor. President Biden is awarding 19 recipients with the nation's highest civilian honor. (Photo by Tom Brenner/Getty Images)
Hunter Biden, son of Joe Biden, looks on from the East Room of the White House during a Medal of Freedom ceremony on January 4, 2025, in Washington, DC (Tom Brenner/Getty Images)

“Those laws, the government contends, demonstrate a tradition of firearm regulation consistent with its effort to disarm any regular user of any controlled substance without any further showing,” he continued. “But the government’s analogy fails under every measure it asks us to consider.”

However, the ruling did not address whether people who are actively under the influence of marijuana can be barred from purchasing or possessing guns.

Court leaves broader firearm restrictions unresolved



Justice Neil Gorsuch said that the decision is limited in scope and does not strike down the federal law entirely.

However, the ruling could make it more difficult for prosecutors to use the statute against people accused of possessing guns while using stimulants, particularly casual users.

Gorsuch also stressed that the court was not deciding broader questions about whether people with addictions can be barred from owning firearms.

Ali Hemani, a dual US-Pakistani citizen, was charged after the FBI found a handgun during a search of his home in 2022.

Hunter Biden, son of U.S. U.S. President Joe Biden, looks on from the East Room of the White House during a Medal of Freedom ceremony on January 4, 2025 in Washington, DC. President Biden is awarding 19 recipients with the nation's highest civilian honor. President Biden is awarding 19 recipients with the nation's highest civilian honor. (Photo by Tom Brenner/Getty Images)
Hunter Biden, son of former President Joe Biden, looks on from the East Room of the White House during a Medal of Freedom ceremony on January 4, 2025, in Washington, DC (Tom Brenner/Getty Images)

The FBI found a Glock 9 mm pistol and marijuana at Hemani’s place. They also found stimulants, but the gun charge relies only on the marijuana.

Like other defendants charged under the same law, including Hunter Biden before he was pardoned by his father, Hemani argued that the statute is unconstitutional under the Supreme Court’s 2022 Second Amendment framework.

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