United States v. Hemani

1
(Slip Opinion) OCTOBER TERM, 2025
Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
being done in connection with this case, at the time the opinion is issued.
The syllabus constitutes no part of the opinion of the Court but has been
prepared by the Reporter of Decisions for the convenience of the reader.
See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
UNITED STATES v. HEMANI
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE FIFTH CIRCUIT
No. 24–1234. Argued March 2, 2026—Decided June 18, 2026
Ali Hemani is a dual citizen of the United States and Pakistan who was
born in Texas. He has spent most of his life living in the Dallas area
with his parents and working a stable job. Suspecting Mr. Hemani
and his family members of terrorism-related activities, the govern-
ment conducted a search of the family home in 2022. Throughout the
process, Mr. Hemani proved cooperative: he surrendered a gun he kept
in the house, pointed agents to some marijuana on the property, and
consented to an interview during which he told law enforcement
agents that he used marijuana about every other day. More than six
months after the search, and relying solely on Mr. Hemani’s admitted
use of marijuana, the government prosecuted Mr. Hemani under 18
U. S. C. §922(g)(3) for knowingly possessing a gun in his home while
being an unlawful user of a controlled substance. Mr. Hemani moved
to dismiss the indictment, arguing that the government’s effort to en-
force §922(g)(3) against him violated the Second Amendment. The dis-
trict court granted the motion, and after an unsuccessful appeal to the
Fifth Circuit, the government asked this Court to review the case.
Held: The government’s prosecution of Mr. Hemani under §922(g)(3)’s
unlawful user provision is inconsistent with the Second Amendment.
Pp. 3–19.
(a) The Second Amendment protects the right of “all Americans” to
keep and bear firearms for self-defense, District of Columbia v. Heller,
554 U. S. 570, 581, though like most individual rights it has its limits,
id., at 626. To determine when the government infringes the Second
Amendment, the Court begins by asking whether the Amendment’s
terms cover the conduct in question; if so, the Constitution “presump-
tively” protects it. New York State Rifle & Pistol Assn., Inc. v. Bruen,

2 UNITED STATES v. HEMANI
Syllabus
597 U. S. 1, 24. To overcome that presumption, the government bears
the burden of showing its regulatory efforts are “consistent with the
Nation’s historical tradition of firearm regulation.” Ibid. The govern-
ment need not point to a “historical twin” or “precis[e] . . . historical
precursors.” United States v. Rahimi, 602 U. S. 680, 692 (internal quo-
tation marks omitted). Instead, “the appropriate analysis involves
considering whether the challenged regulation is consistent with the
principles that underpin our regulatory tradition,” ibid., and the gov-
ernment may “reaso[n] by analogy,” showing that its contemporary
regulation is “relevantly similar” to ones “well-established” in the Na-
tion’s history. Bruen, 597 U. S., at 28–30. Two features play a “ ‘cen-
tral’ ” role in determining whether a modern law is “relevantly similar”
to historical ones: the “why” and the “how”—the more closely a con-
temporary law mirrors a well-established historical analogue in pur-
pose and operation, the more likely it is to be upheld. Id., at 29.
The government accepts this framework and agrees that §922(g)(3)’s
unlawful user provision burdens conduct presumptively protected by
the Second Amendment because the statute bans a class of people, in-
cluding Mr. Hemani, from possessing essentially any firearm for any
purpose. The government construes §922(g)(3) to automatically ban
an individual from possessing a gun from the moment he becomes an
unlawful user of any controlled substance and remains in effect until
he ceases being one, regardless of what controlled substance an indi-
vidual uses, in what amounts, whether his drug use has ever made
him a danger to himself or others, why he keeps a gun, or how safely
he does so. The government analogizes its construction of §922(g)(3)
to what it calls “habitual drunkard” laws, which it submits enjoy deep
roots in the country’s history and are “relevantly similar” to the regu-
lation it wishes to enforce, Bruen, 597 U. S., at 29. These habitual
drunkard laws fall into three general categories: vagrancy laws that
allowed habitual drunkards to be confined in workhouses or jailed;
civil-commitment statutes that allowed courts to appoint guardians for
habitual drunkards or authorized their commitment to asylums; and
surety laws under which judicial officers could compel habitual drunk-
ards to post surety bonds to ensure their good behavior. Pp. 3–7.
(b) The government’s analogy fails on every metric it invites the
Court to consider. Taken cumulatively, these problems prove fatal to
the government’s prosecution of Mr. Hemani. Pp. 7–18.
(1) The government’s claim that historical laws targeted habitual
drunkards for the same reason §922(g)(3) targets unlawful users—be-
cause they regularly use intoxicants—is difficult to square with the
historical record. Around the time of the founding and for decades fol-
lowing it, a habitual drunkard was generally someone who “for any
considerable part of his time [was] intoxicated to such a degree as to

3 Cite as: 608 U. S. ___ (2026)
Syllabus
deprive him of his ordinary reasoning faculties,” In re Tracy, 1 Paige
Ch. 580, 582–583 (N. Y. Ch.); a regular or even frequent drinker did
not usually fit the bill. Many statutes defined the term to require that
someone drink to such excess that he was “incapable of conducting
[his] own affairs,” Ark. Rev. Stat., ch. 78, §1; “mentally incompetent,”
Minn. Terr. Rev. Stat., ch. 67, §12; or had “lost the power of self-con-
trol,” 1874 Conn. Pub. Acts 256. Given the “culture of copious drink-
ing” in early America, 43 Law & Hist. Rev. 795, 800, historical laws
targeted habitual drunkards not merely because they regularly used
intoxicants, but because their drinking rendered them practically in-
capacitated and incapable of managing their affairs. By contrast, on
the government’s account, §922(g)(3) automatically disarms anyone
who regularly uses any amount of any controlled substance for any-
thing other than its prescribed purpose, without requiring a showing
that a particular individual is regularly incapacitated, incapable of
conducting his affairs, or a threat to himself or others. Pp. 8–11.
(2) The government’s claim that §922(g)(3) disarms unlawful drug
users to protect the public from unusually dangerous individuals who
will commit violent crimes, and that historical laws share a similar
purpose, misapprehends the purposes animating those historical ana-
logues. Vagrancy laws usually targeted those who “did not meet the
societal expectation of work,” 31 U. Rich. L. Rev. 111, 169, and sought
to promote productivity and suppress various vices, not to protect the
public from a category of unusually dangerous persons. Civil-commit-
ment laws, by their own terms, generally did not seek to protect the
public from violence so much as to protect habitual drunkards from
themselves and to protect their families from financial devastation.
And the surety-of-good-behavior laws the government invokes did not
normally require a showing that an individual posed a threat of vio-
lence; instead, they sought to protect the community from scandals
“against good morals,” 5 N. Dane, A General Abridgment and Digest
of American Law 301 (emphasis deleted). Pp. 11–14.
(3) The way habitual drunkard statutes worked in the past differs
significantly from how §922(g)(3)’s unlawful user provision works to-
day. The historical laws the government identifies usually provided
some form of process before an individual lost any of his liberties, even
temporarily: a vagrant could be sent to a workhouse or jail generally
only upon a conviction; a habitual drunkard could be assigned a guard-
ian or committed to an asylum usually only after proceedings before
something like a probate court; and surety statutes typically required
a proceeding before a justice of the peace or a comparable officer before
a bond could be ordered. By contrast, on the government’s account,
§922(g)(3) automatically divests an individual of his constitutional
right to bear arms the moment he becomes an unlawful user and until

4 UNITED STATES v. HEMANI
Syllabus
he ends his drug use—all without any pre-deprivation process. Pp. 14–
15.
(4) There are reasons to doubt that the government has estab-
lished §922(g)(3) even serves the purpose the government claims, of
disarming categorically violent and unusually dangerous persons.
Section 922(g)(3)’s reliance on the Controlled Substances Act—a stat-
ute adopted to protect “the health and general welfare of the American
people,” 21 U. S. C. §801(2), and under which drugs can be added to
schedules for reasons having little or nothing to do with their potential
to induce violence—makes it far from obvious that 18 U. S. C.
§922(g)(3) confines its reach to those who are categorically and unusu-
ally dangerous. Additionally, the government’s own regulatory actions
undercut its position: the Department of Justice has directed federal
prosecutors to curtail enforcement efforts against marijuana users,
most States have legalized marijuana use to some degree, and the gov-
ernment recently moved some marijuana products from Schedule I to
Schedule III, 91 Fed. Reg. 22714. Affording the government “broad
power to designate any group as dangerous and thereby disqualify its
members from having a gun” would risk allowing it to “quickly swal-
low” the Second Amendment. Kanter v. Barr, 919 F. 3d 437, 465 (Bar-
rett, J., dissenting). Pp. 16–18.
(c) The Court’s decision is narrow. It does not address efforts to ban
addicts or those presently intoxicated from possessing a firearm; other
prophylactic laws Congress might adopt after determining that users
of a particular drug pose a special risk of misusing firearms;
§922(g)(1)’s provision disarming individuals convicted of felonies; or
whether the government could bring a prosecution under §922(g)(3)
accompanied by individualized proof that the defendant’s drug use ren-
ders him a danger to himself or others, or proof that a certain drug
always renders its users dangerous. Pp. 18–19.
Affirmed.
G
ORSUCH, J., delivered the opinion of the Court, in which ROBERTS,
C. J., and T
HOMAS, SOTOMAYOR, KAVANAUGH, BARRETT, and JACKSON, JJ.,
joined. THOMAS, J., filed a concurring opinion. JACKSON, J., filed a con-
curring opinion, in which S
OTOMAYOR, J., joined. ALITO, J., filed an opin-
ion concurring in the judgment, in which K
AGAN, J., joined.

_________________
_________________
1 Cite as: 608 U. S. ____ (2026)
Opinion of the Court
NOTICE: This opinion is subject to formal revision before publication in the
United States Reports. Readers are requested to notify the Reporter of
Decisions, Supreme Court of the United States, Washington, D. C. 20543,
pio@supremecourt.gov, of any typographical or other formal errors.
SUPREME COURT OF THE UNITED STATES
No. 24–1234
UNITED STATES, PETITIONER v. ALI
DANIAL HEMANI
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE FIFTH CIRCUIT
[June 18, 2026]
JUSTICE GORSUCH delivered the opinion of the Court.
Ali Hemani uses marijuana a few times a week. That fact
alone, the government says, means he is automatically
banned from possessing a firearm under federal law. And
because Mr. Hemani admits he owns a gun despite this ban,
the government now seeks to prosecute him, imprison him
for up to 15 years, and disarm him for life. This case poses
the question whether the government’s prosecution of Mr.
Hemani is consistent with the Second Amendment.
I
The federal Gun Control Act prohibits various categories
of people from possessing guns. These categories, listed in
18 U. S. C. §922(g), include individuals convicted of crimes
“punishable by imprisonment for a term exceeding one
year,” §922(g)(1), fugitives from justice, §922(g)(2), and
those convicted of domestic violence crimes, §922(g)(9).
This case concerns another of the statute’s provisions—
§922(g)(3). Under its terms, anyone who is an “unlawful
user of ” or “addicted to” a “controlled substance” is auto-
matically banned from possessing a gun. And for defying

2 UNITED STATES v. HEMANI

Opinion of the Court
this ban, an individual can face up to 15 years in federal
prison, §924(a)(8), and disarmament for life, §922(g)(1).
1

To define the term “controlled substance,” §922(g)(3) re-
lies on the Controlled Substances Act (CSA). Enacted to
protect “the health and general welfare of the American
people,” 21 U. S. C. §801(2), the CSA sets forth five sched-
ules of “controlled substances” subject to varying degrees of
regulation, §802. They range from Schedule I drugs with a
high potential for abuse and no currently accepted medical
uses (like heroin) to Schedule V drugs with the lowest po-
tential for abuse and many accepted medical uses (like
Robitussin with codeine). §§802, 812. By incorporating the
CSA definition of the term “controlled substance,” 18
U. S. C. §922(g)(3) makes it illegal for anyone who unlaw-
fully uses any drug found on any of the CSA’s schedules to
possess a firearm for any reason, upon threat of imprison-
ment and permanent disarmament.
Convictions for violations of §922(g)(3) account for only
about 5% of all §922(g) convictions. Congressional Re-
search Service, Guns and Drugs: A Brief History of 18
U. S. C. §922(g)(3) (2026). But, the government insists, a
conviction is warranted in this case, and the facts giving
rise to it unfolded this way.
Mr. Hemani is a dual citizen of the United States and Pa-
kistan who was born in Texas and has spent most of his life
there. In recent years, he has lived in the Dallas area with
his parents and worked a stable job. But, suspecting Mr.
Hemani and his family members of terrorism-related activ-
ities, the government conducted a search of the family home
in 2022. Throughout the process, Mr. Hemani proved coop-
erative. He surrendered a gun he kept in the house and
——————
1
Because Congress adopted §922(g) pursuant to the Commerce Clause,
the statute requires the government to show that a firearm possessed in
violation of the statute’s terms “has been shipped or transported in in-
terstate or foreign commerce.” As that element is not in dispute here, we
do not discuss it further.

3 Cite as: 608 U. S. ____ (2026)
Opinion of the Court
pointed agents to some marijuana on the property. He also
consented to an interview, telling law enforcement agents
that he used marijuana “about every other day.” Record on
Appeal 381. After the agents found cocaine in his parents’
closet, Mr. Hemani claimed ownership of that as well,
though he maintained that his mother had hidden it from
him and that he had not used any recently.
More than six months after the search, the government
brought a single-charge indictment against Mr. Hemani.
The charge had nothing to do with terrorism—the reason
for the search in the first place. Nor did the charge involve
possession of cocaine, drug trafficking, or anything like
that. Instead, relying solely on his admitted use of mariju-
ana about every other day, the government prosecuted Mr.
Hemani for knowingly possessing a gun in his home while
being an “unlawful user” of a controlled substance. Id., at
12. For that alone, the government claimed, Mr. Hemani
faced up to 15 years in prison and disarmament for life. No
matter that the government did not assert Mr. Hemani was
a drug addict.
2
No matter that it did not contend his drug
use had ever led him to pose a danger to himself or others.
No matter, too, that the government did not claim Mr. He-
mani had done anything with his gun other than possess it
in his home.
Mr. Hemani moved to dismiss the indictment, arguing
that the government’s effort to enforce §922(g)(3) against
him violated the Second Amendment. The district court
granted the motion and, after an unsuccessful appeal to the
Fifth Circuit, the government asked us to review the case.
We agreed to do so. 607 U. S. 992 (2025).
II
The Second Amendment protects the right of “all Ameri-
cans” to keep and bear firearms for self-defense. District of
——————
2
For this reason, §922(g)(3)’s disarmament of drug “addict[s]” is not
before us and we have no occasion to pass on it.

4 UNITED STATES v. HEMANI
Opinion of the Court
Columbia v. Heller, 554 U. S. 570, 581 (2008). Of course,
like most individual rights, the Second Amendment has its
limits. Id., at 626. American legislatures have long regu-
lated the possession and use of firearms to some degree.
See New York State Rifle & Pistol Assn., Inc. v. Bruen, 597
U. S. 1, 17 (2022). But when the government crosses the
line from permissible regulation into unconstitutional in-
fringement, courts have a duty to say so in the cases before
them—no less in the Second Amendment context than in
any other. See ibid.; Heller, 554 U. S., at 606.
To determine when the government infringes the Second
Amendment, we begin by asking whether the Amendment’s
terms cover the conduct in question. Bruen, 597 U. S., at
24. If so, the Constitution “presumptively” protects it. Ibid.
To overcome that presumption, the government then bears
the burden of showing its regulatory efforts are “consistent
with the Nation’s historical tradition of firearm regulation.”
Ibid.
Our cases demand this attention to history, we have said,
because the Second Amendment was designed to codify a
“pre-existing” individual right and guard against its later
erosion by majoritarian legislation or judicial fiat. Id., at
25 (emphasis deleted). At the same time, we have recog-
nized that “[t]he regulatory challenges posed by firearms
today are not always the same” as those earlier generations
faced. Id., at 27. Accordingly, to show that a contemporary
regulation is consistent with this Nation’s historical tradi-
tion of firearm regulation, we do not require the govern-
ment to point to a “historical twin” or “precis[e] . . . histori-
cal precursors.” United States v. Rahimi, 602 U. S. 680, 692
(2024) (internal quotation marks omitted). Instead, we
have said, “the appropriate analysis involves considering
whether the challenged regulation is consistent with the
principles that underpin our regulatory tradition.” Ibid.
And, to that end, the government may “reaso[n] by anal-
ogy,” showing that its contemporary regulation is

5 Cite as: 608 U. S. ____ (2026)
Opinion of the Court
“relevantly similar” to ones “well-established” in the Na-
tion’s history. Bruen, 597 U. S., at 28–30.
While we have not yet had cause to “exhaustive[ly] sur-
vey” the features that may render a modern law “relevantly
similar” to historical ones, we have said two play a “‘cen-
tral’” role. Id., at 29. Call them the “why” and “how.” Ibid.;
see also Rahimi, 602 U. S., at 692. The more closely a con-
temporary law mirrors a well-established historical ana-
logue in purpose and operation, the more likely it is to be
upheld. Conversely, the more a modern law diverges from
traditional laws in purpose and operation, the less likely it
is to survive review. See Bruen, 597 U. S., at 29; Rahimi,
602 U. S., at 692.
The government accepts all this. It agrees, too, that
§922(g)(3)’s unlawful user provision burdens conduct pre-
sumptively protected by the Second Amendment. After all,
that statute bans a class of people including Mr. Hemani
from possessing essentially any firearm for any purpose. As
a result, the government acknowledges, it has a burden to
carry.
The burden the government sets for itself in this case is
a considerable one. As the government construes §922(g)(3)
and seeks to apply it here, the law automatically bans an
individual from possessing a gun from the moment he be-
comes an unlawful user of any controlled substance until he
ceases being one. The law, says the government, doesn’t
require anything more. It doesn’t matter what controlled
substance an individual uses, in what amounts he does so,
or whether his drug use has ever made him a danger to him-
self or others. It doesn’t even matter why he keeps a gun or
how safely he does so. And for violating this automatic ban,
the government insists, an individual like Mr. Hemani may
be sent to prison for up to 15 years and disarmed for life.
To meet its burden of showing a law like that is consistent
with the Nation’s tradition of firearm regulation, the gov-
ernment relies on an analogy to what it calls “habitual

6 UNITED STATES v. HEMANI
Opinion of the Court
drunkard” laws. These laws, the government submits, en-
joy deep roots in the country’s history and are “relevantly
similar” to the regulation it wishes to enforce against Mr.
Hemani. Bruen, 597 U. S., at 29.
In truth, the habitual drunkard laws the government in-
vokes fall into three general categories. First are vagrancy
laws. Both at the founding and in the decades following it,
vagrants—a group that sometimes included habitual
drunkards—could be “confine[d] in a workhouse” or
“jail[ed].” Brief for United States 19. Second are civil-com-
mitment statutes. Around the same time, many States al-
lowed courts to appoint guardians for various individuals,
including habitual drunkards, or authorized their “com-
mit[ment] to asylums.” Id., at 21. Third are surety laws.
Under them, judicial officers, again in the founding era and
later, could compel habitual drunkards and others to post
surety bonds to ensure their good behavior. “A person who
failed to post bond,” the government explains, “would be
jailed, while a person who posted bond and then misbe-
haved would forfeit the bond.” Id., at 22.
These laws, the government insists, mirror §922(g)(3)’s
unlawful user provision in three important respects. Two
might be said to concern the “why” associated with these
laws, the last their “how.” First, the government says, his-
torical laws targeted habitual drunkards for the same rea-
son §922(g)(3) targets unlawful users—because they regu-
larly use intoxicants. See id., at 17 (calling habitual
drunkards and unlawful users “closely analogous”). Sec-
ond, the government submits, habitual drunkard laws re-
stricted the liberties of people to the same end §922(g)(3)
does—to protect the public from “unusually dangerous” in-
dividuals who commit “violent crime[s].” Id., at 11, 13–14,
22, 34. Finally, the government argues, the historical laws
it cites operated in practice much like §922(g)(3) works—
the former allowed governments to detain people in places
where they could not bear arms while §922(g)(3)

7 Cite as: 608 U. S. ____ (2026)
Opinion of the Court
temporarily disarms unlawful users. All told, the govern-
ment contends, because historical habitual drunkard laws
resemble §922(g)(3)’s unlawful user provision in so many
pertinent respects, that provision must be constitutional as
applied in this case and others.
We disagree. We appreciate that drugs and guns can
sometimes make for a dangerous mix. We appreciate, too,
that the government’s effort to analogize a modern statute
addressing drug use to historical laws must be approached
with a sensitivity to the fact that many drugs well known
today were unknown in early America. As we have put it,
the Second Amendment “can, and must, apply to circum-
stances beyond those the Founders specifically antici-
pated.” Bruen, 597 U. S., at 28. But, even taking all that
into account, the government cannot carry the burden it has
set for itself. We decide cases “based on the historical rec-
ord” and arguments “compiled by the parties” before us. Id.,
at 26, n. 6. And the habitual drunkard laws on which the
government relies here differ dramatically from §922(g)(3)’s
unlawful user provision on every single metric the govern-
ment invites us to consider: They targeted different kinds
of people, did so for different purposes, and operated in dif-
ferent ways. Whether any one of these problems taken in
isolation would prove fatal to the government’s cause, we
need not decide. Taken cumulatively, we hold, they cer-
tainly do. And, apart from pointing to habitual drunkard
laws, the government has not even attempted to prove that
any other specific historical principle might justify its pros-
ecution in this case.
3
——————
3
As in Bruen, we need not decide today “whether courts should primar-
ily rely on the prevailing understanding of an individual right when the
Fourteenth Amendment was ratified in 1868” or when the Bill of Rights
was ratified in 1791. New York State Rifle & Pistol Assn., Inc. v. Bruen,
597 U. S. 1, 37–38 (2022). For reasons explored below, the government
cannot establish that the Second Amendment at either point in time per-
mitted anything like its prosecution here.

8 UNITED STATES v. HEMANI
Opinion of the Court
A
Start with the government’s first point of comparison. In
its view, the reason why vagrancy, civil-commitment, and
surety laws targeted habitual drunkards is “closely analo-
gous” to the reason why §922(g)(3)’s unlawful user provision
targets unlawful users: Both groups regularly use intoxi-
cants. Brief for United States 17. It’s a claim difficult to
square with the historical record.
Around the time of the founding and for decades following
it, a habitual drunkard was, as one court put it, someone
who “for any considerable part of his time [was] intoxicated
to such a degree as to deprive him of his ordinary reasoning
faculties.” In re Tracy, 1 Paige Ch. 580, 582–583 (N. Y. Ch.
1829). A regular or even frequent drinker did not usually
fit the bill. A “man who [was] intoxicated or drunk one-half
his time” was more like it. See Ludwick v. Commonwealth,
18 Pa. 172, 175 (1851). In an early American medical trea-
tise, Dr. Benjamin Rush, a signer of the Declaration of In-
dependence, offered this description from a habitual drunk-
ard about the depths of his condition: “‘Were a keg of rum
in one corner of a room, and were a cannon constantly dis-
charging balls between me and it, I could not refrain from
passing before that cannon, in order to get at the rum.’”
Medical Inquiries and Observations, Upon the Diseases of
the Mind 266 (1812).
Just consider how some of the statutes the government
relies on defined the term. To qualify as a habitual drunk-
ard under an early Arkansas law, someone had to drink to
such excess that he was “incapable of conducting [his] own
affairs.” Ark. Rev. Stat., ch. 78, §1 (1838) (W. Ball & S.
Roane eds.) (Ball & Roane). A statute in the Minnesota Ter-
ritory required an individual to be “mentally incompetent.”
Minn. Terr. Rev. Stat., ch. 67, §12 (1851). A Connecticut
law spoke of a person who had “lost the power of self-con-
trol.” Act of July 25, 1874, §1, in 1874 Conn. Pub. Acts 256.
And in a statute governing the District of Columbia,

9 Cite as: 608 U. S. ____ (2026)
Opinion of the Court
Congress defined a habitual drunkard as “any person who,
by the use of intoxicating liquors . . . has lost self-control, or
become incapable of proper attention to the care and man-
agement of his affairs, or habitually or periodically neglect-
ful thereof, or dangerous to himself or others.” Act of Mar.
30, 1876, §9, 19 Stat. 10–11.
Had habitual drunkard laws applied to those who simply
drank regularly, many notable early Americans could have
faced trouble. John Adams took “a tankard of hard cider”
with his “daily breakfast.” W. Rorabaugh, The Alcoholic
Republic 6 (1979) (Rorabaugh). Some say James Madison
“consumed a pint of whiskey daily.” D. Okrent, Last Call:
The Rise and Fall of Prohibition 8 (2010); but see M. Will-
Weber, Mint Juleps with Teddy Roosevelt: The Complete
History of Presidential Drinking 29 (2014) (arguing Madi-
son “championed wine . . . as a healthier and more respect-
able choice”). George Washington often drank three glasses
of madeira in the evening—“not enough to be considered a
heavy drinker in his day.” Id., at 5. Thomas Jefferson en-
joyed “3 or 4 glasses [of wine] at dinner.” J. Gabler, Pas-
sions: The Wines and Travels of Thomas Jefferson 223
(1995). In fact, just a few days before the framers signed
the Constitution, a farewell party gathered for General
Washington at Philadelphia’s City Tavern where 55 guests
are said to have ordered 54 bottles of madeira, 60 bottles of
wine, 8 bottles of “Old stock,” 22 bottles of porter, 8 bottles
of cider, 12 bottles of beer, and 7 large bowls of punch. Na-
tional Park Service, C. Hershey, Historic Furnishings Plan:
City Tavern 64–65 (1974).
There was, in short, a “culture of copious drinking” in
early America. D. Korostyshevsky, Incapable of Managing
His Estate: Habitual Drunkards and the Expansion of
Guardianship in the Nineteenth-Century United States, 43
Law & Hist. Rev. 795, 800 (2025). Indeed, in 1829 the “sec-
retary of war estimated that three-quarters of the nation’s
laborers drank . . . at least 4 ounces of distilled spirits”

10 UNITED STATES v. HEMANI
Opinion of the Court
every day. Rorabaugh 15. Even the American Temperance
Society called those who drank 12 ounces of hard liquor
daily mere “‘occasional drunkards.’ ” Id., at 11. As the So-
ciety saw things, it took 24 ounces to qualify as a “‘con-
firmed drunkar[d].’” Ibid.
Given all this, it seems the government’s historical laws
targeted habitual drunkards not merely because they regu-
larly used intoxicants, or even sometimes used them to ex-
cess. Instead, those laws focused on habitual drunkards be-
cause their drinking rendered them practically
incapacitated and incapable of managing their affairs. And
that hardly compares to whom §922(g)(3)’s unlawful user
provision targets on the government’s account. To be sure,
the government construes the term “unlawful user” to em-
brace only “habitual or regular” users, not those who use
drugs irregularly. Brief for United States 23–25. But even
on that understanding, §922(g)(3) automatically disarms
anyone who regularly uses any amount of any controlled
substance for anything other than its “prescribed purpose.”
Tr. of Oral Arg. 57. The law, the government insists, does
not require it to show that a particular individual is regu-
larly incapacitated, much less incapable of conducting his
affairs or a threat to himself or others. Put simply, on the
government’s telling, §922(g)(3) sweeps in large numbers of
people without regard to whether their substance use has
the kind of incapacitating effect on them that historical ha-
bitual drunkard laws normally required.
This case illustrates the disconnect. The government
considers Mr. Hemani an unlawful user of a controlled sub-
stance because he admits to using marijuana about every
other day. But how much marijuana does Mr. Hemani use,
in what potency, and to what effect? Is he routinely unable
to manage his affairs, a risk to himself or his family? Or
does he use a mild gummy as a sleep aid a few times a week?
We do not know and, the government says, it doesn’t

11 Cite as: 608 U. S. ____ (2026)
Opinion of the Court
matter. The government asks us to analogize him to a ha-
bitual drunkard all the same.
Nor does the government’s theory stop at Mr. Hemani. It
extends equally to a husband who regularly takes his wife’s
prescription Ambien to sleep and a college student who rou-
tinely uses a friend’s Adderall to cram for exams. Id., at
56–58. The drug involved makes no difference. Nor, again,
does it matter how much an individual uses or the effects it
has on him. That someone regularly uses any substance
found on any of the CSA’s five schedules for anything other
than its “prescribed purpose” is enough. Id., at 57. Without
more, the government asks us to analogize all such persons
to habitual drunkards. To state the analogy is to expose its
deficiency.
B
This divergence is not the government’s only problem.
The government faces more trouble yet when it comes to its
next argument. It contends that §922(g)(3) disarms unlaw-
ful drug users to protect the public from “unusually danger-
ous” individuals who will “misuse . . . firearms” to commit
“violent crime[s].” Brief for United States 11, 13–14, 22, 34.
And, the government submits, early American vagrancy,
civil-commitment, and surety laws shared a similar pur-
pose. But even spotting the government its assertion about
§922(g)(3)’s aims (something we will return to later), the
government misapprehends the purposes animating the
historical analogues it invokes. Usually, they had little to
do with protecting the public from categorically violent and
unusually dangerous persons.
Begin with the vagrancy laws. As a rule, they targeted
individuals who “did not meet the societal expectation of
work.” W. Quigley, Reluctant Charity: Poor Laws in the
Original Thirteen States, 31 U. Rich. L. Rev. 111, 169
(1997) (Quigley). Routinely, that category included not just
habitual drunkards but also “Vagabonds, Common

12 UNITED STATES v. HEMANI
Opinion of the Court
Beggars,” “pipers, fidlers, . . . stubborn servants or children,
[and] common nightwalkers.” Act of Oct. 1727, 7 Public
Records of the Colony of Connecticut from May, 1726, to
May, 1735, Inclusive 127–128 (C. Hoadly ed. 1873)
(Hoadly).
4
Add to that list perhaps any others who would
not “provide for themselves or the support of their families.”
Id., at 128. Some laws confined vagrants to workhouses
where they could be “se[t] to work.” Ibid.; see also Quigley
156–157, 168–169. Other statutes authorized short jail
terms. See, e.g., Hittell 1288. Either way, laws like these
might have sought to promote productivity and suppress
any number of real or perceived vices. But they scarcely
focused on protecting the public from a “categor[y]” of “un-
usually dangerous” persons. Brief for United States 10–11.
A similar story unfolds when it comes to what the govern-
ment describes as civil-commitment laws. Consider the
first such law the government cites: an 1827 Act in the
Michigan Territory. Act of Apr. 12, 1827, in 1827 Mich.
Terr. Laws 60. Worried that habitual drunkards “often-
times . . . waste[d] their estates by excessive drinking . . .
and thereby involve[d] themselves and [their] families in
distress, misery, and ruin,” that law permitted a probate
judge to assign a guardian to a habitual drunkard to “take
care of such person, and [his] estate.” Id., at 58, 60. Or
consider a law the government cites from later in the 19th
century. It authorized courts to confine habitual drunkards
——————
4
See also, e.g., Act of June 29, 1700, §2, in 1 Acts and Resolves of the
Province of the Mass. Bay 378 (1869) (including “stubborn children or
servants”); Act of May 14, 1718, in 2 Laws of N. H. 266 (A. Batchellor ed.
1913) (including “such as neglect their Callings, Mispend what they earn,
and do not provide for themselves”); Act of June 10, 1799, §§1, 3, in Laws
of the State of N. J. 473–474 (1821) (including those who did “not give a
good account of themselves,” who “leave their families to be maintained
by the city,” or who “pretend to use . . . crafty science”); 2 Codes and Stat-
utes of the State of Cal. 1288 (T. Hittell ed. 1876) (Hittell) (including “idle
or dissolute person[s] . . . who lodg[e] in any barn, shed, shop, outhouse,
[or] vessel”).

13 Cite as: 608 U. S. ____ (2026)
Opinion of the Court
to asylums in order to “preven[t them] from using intoxicat-
ing liquors” and “refor[m]” them. Act of May 1, 1890, §2, in
1890 Iowa Acts 67. By their own terms, laws like these did
not seek to protect the public from violence so much as to
protect habitual drunkards from themselves and their fam-
ilies from financial devastation.
5
Last, turn to the surety laws. In Rahimi, we rejected a
facial challenge to §922(g)(8), a provision that prohibits fire-
arm possession by certain individuals subject to domestic
violence restraining orders. In reaching that decision, we
analogized the modern statute in part to historical surety-
of-the-peace laws. 602 U. S., at 695–696. Those laws gen-
erally required an individual shown to pose a specific threat
of violence to post a bond and pledge to “keep the peace.”
Id., at 695–697 (internal quotation marks omitted); see also
J. Parker, Conductor Generalis 397 (1788) (Parker) (sure-
ties of the peace applied to those who posed “some present
or future danger”). Failure to post a bond meant jail, and
disturbing the peace after posting a bond meant forfeiting
it. Rahimi, 602 U. S., at 695. Some surety-of-the-peace
laws, we held, were designed to prevent “violence” and
——————
5
See also, e.g., Ball & Roane 456 (permitting probate courts to appoint
guardians for habitual drunkards and others “incapable of conducting
their own affairs . . . to provide for the safe keeping of such persons, the
maintenance of themselves and their families, and the education of their
children”); Minn. Terr. Rev. Stat., ch. 67, §12, p. 278 (allowing a probate
judge to appoint guardians for those “mentally incompetent to have the
care and management of their own property”); Ga. Code §1803 (1861)
(similar); Act of Feb. 21, 1872, §1, in 1872 Ill. Laws 477 (similar); Act of
Apr. 1, 1870, §1, in 1869–1870 Cal. Stat. 585 (providing that “[t]he Home
for the care of the Inebriate of San Francisco shall always be kept open
for the reception and care of inebriates”); Act of Apr. 17, 1873, §3, in 1873
Miss. Laws 62 (explaining that the object of civil confinement was “refor-
mation and recovery from such pernicious habit of drunkenness”); Act of
Mar. 5, 1860, §7, in 1860 Md. Laws ch. 386 (permitting confinement of a
habitual drunkard as “necessary for his or her complete reformation”);
19 Stat. 10–11 (similar).

14 UNITED STATES v. HEMANI
Opinion of the Court
“targeted the misuse of firearms,” much as §922(g)(8) seeks
to do. Id., at 695–696.
Notably, the government doesn’t rely on surety-of-the-
peace statutes in this case. And that makes sense. To war-
rant the imposition of a surety of the peace, just being a
habitual drunkard wasn’t usually enough. So in this case
the government directs us to a different kind of surety stat-
ute—one that required certain individuals to post sureties
of “good behavior.” Brief for United States 22 (internal quo-
tation marks omitted). Under those laws, a judicial officer
could impose a surety of good behavior on individuals who
threatened a “scandal.” Parker 410. And a scandal could
include anything from “haunting bawdy houses” to “eves-
dropp[ing]” to, yes, being a “common drunkar[d].” Ibid. In
fact, one surety statute targeted those who had “a common
practice of getting drunk, and prophane cursing and swear-
ing,
and blasphemy, to the great dishonour of Almighty
God.” 1 Del. Laws 173 (1797). But what does any of this
prove? To impose a surety of good behavior did not nor-
mally require a showing that an individual posed a threat
of violence. Instead, these laws usually sought to protect
the community from scandals “against good morals.” 5 N.
Dane, A General Abridgment and Digest of American Law
301 (1824) (emphasis deleted); see also Parker 410. And
that is nothing like the purpose the government ascribes to
§922(g)(3)’s unlawful user provision.
C
The government’s difficulties do not end with the “why”
comparisons it invites us to make. They also extend to the
“how.” “Even when a law regulates arms-bearing for a per-
missible reason,” we have said, “it may not be compatible
with the [Second Amendment] if it does so to an extent be-
yond what was done at the founding.” Rahimi, 602 U. S.,
at 692. And the way habitual drunkard statutes worked in

15 Cite as: 608 U. S. ____ (2026)
Opinion of the Court
the past differs significantly from how §922(g)(3)’s unlawful
user provision works today.
The historical laws the government identifies usually
provided some form of process before an individual lost any
of his liberties, even temporarily. Normally, a vagrant
could be sent to a workhouse or jail only upon a “conviction.”
E.g., Hoadly 128–129. Generally, a habitual drunkard
could be assigned a guardian or committed to an asylum
only after proceedings before a probate court or something
like it. See, e.g., Ball & Roane 456. And, typically, surety
statutes required a proceeding before a justice of the peace
or a comparable officer before a bond could be ordered (or,
if a bond wasn’t posted, before a jail sentence could be im-
posed). E.g., Acts and Laws of the State of Conn. 189 (E.
Babcock ed. 1786); see also Rahimi, 602 U. S., at 699.
None of that holds true for §922(g)(3). On the govern-
ment’s account, the statute automatically divests an indi-
vidual of his constitutional right to bear arms the moment
he becomes an unlawful user and until he ends his drug
use—all without any pre-deprivation process. To be sure,
and as the government highlights, an unlawful user who
violates this ban is entitled to “a full-dress criminal trial”
before he can be imprisoned or permanently disarmed.
Brief for United States 26. But be that as it may, §922(g)(3)
offers an unlawful user no pre-deprivation process before
his “‘temporary disarmament,’” the very burden the gov-
ernment says is akin to the burden vagrancy, civil-commit-
ment, and surety laws imposed on habitual drunkards.
6
Ibid.
——————
6
Certain other provisions of §922, such as subsections (g)(1) (disarm-
ing convicted felons) and (g)(4) (disarming any person “adjudicated as a
mental defective” or “committed to a mental institution”), involve some
manner of pre-deprivation process before an individual’s Second Amend-
ment rights are lost. For that reason, they differ from subsection (g)(3)
and “nothing in our opinion should be taken to cast doubt” on them.

16 UNITED STATES v. HEMANI
Opinion of the Court
D
We see one more problem yet with the government’s sub-
mission. Recall its claim about §922(g)(3)’s “why.” The gov-
ernment argues that, consistent with historical laws,
§922(g)(3)’s unlawful user provision disarms individuals
who are, as a “category,” “violen[t]” and “unusually danger-
ous.” Brief for United States 4, 10–11. So far, we have spot-
ted the government its assertion about §922(g)(3)’s purpose.
But there are at least two reasons to doubt it has estab-
lished even that much.
The first has to do with §922(g)(3)’s reliance on the CSA.
The former does not define its own category of people to dis-
arm. Instead, according to the government, it disarms an-
yone who regularly uses any drug found on any CSA sched-
ule for something other than its “prescribed purpose.” Tr.
of Oral Arg. 57. The CSA, in turn, was adopted to protect
“the health and general welfare of the American people.” 21
U. S. C. §801(2). Drugs can be added to its schedules for a
variety of reasons having little or nothing to do with their
potential to induce violence—reasons that include “[t]he
state of current scientific knowledge” about a substance,
whether that substance “is an immediate precursor” to an-
other controlled substance, and the risk to “public health.”
§811(c). Without question, some unlawful users of con-
trolled substances can pose a risk of violence. But, by de-
fining its scope through the CSA—a statute animated by a
variety of other concerns—it is far from obvious that 18
U. S. C. §922(g)(3) confines its reach to those who are cate-
gorically and unusually dangerous.
——————
District of Columbia v. Heller, 554 U. S. 570, 626 (2008). Likewise, our
conclusion today should not be taken to suggest “that the Second Amend-
ment prohibits the enactment of laws banning the possession of guns by
categories of persons thought by a legislature to present a special danger
of misuse.” United States v. Rahimi, 602 U. S. 680, 698 (2024). The
problem in this case is simply that the historical evidence the govern-
ment presents does not support the categorical restriction it urges.

17 Cite as: 608 U. S. ____ (2026)
Opinion of the Court
The second reason has to do with the government’s ap-
proach to the drug at issue here. As this case came to us,
marijuana was listed on Schedule I—a schedule reserved
for drugs with “a high potential for abuse” with “no cur-
rently accepted medical use.” 21 U. S. C. §812(b)(1). But
after we heard oral argument, the government moved some
marijuana products to Schedule III, 91 Fed. Reg. 22714
(2026), a schedule that applies to drugs with a lower poten-
tial for dependence and abuse and for which a “currently
accepted medical use” exists, §812(b)(3). Years before that,
too, the Department of Justice issued a memorandum di-
recting federal prosecutors nationwide to curtail their en-
forcement efforts against marijuana users even while all
marijuana products remained on Schedule I. Attorney Gen-
eral Memo (Aug. 29, 2013).
Seismic changes followed that memorandum. While ma-
rijuana use largely remained unlawful under federal law,
the number of federal offenders sentenced for possession of
marijuana dwindled. See United States Sentencing Com-
mission, Interactive Data Analyzer. And most States re-
sponded by legalizing marijuana use to one degree or an-
other as a matter of state law. See Nat. Conf. of State
Legislatures, State Medical Cannabis Laws (June 27, 2025)
(“Forty states, three territories and the District of Colum-
bia” have legalized some marijuana use). As a result, some
surveys suggest there now may be more adults in this coun-
try who regularly use marijuana than consume alcohol.
See, e.g., J. Caulkins, Changes in Self-Reported Cannabis
Use in the United States from 1979 to 2022, 119 Addiction
1648 (2024) (finding, for the first time in 2022, more indi-
viduals who self-report daily or near-daily marijuana use
than alcohol use). Whatever one thinks of these develop-
ments, the federal government has not just tolerated them;
it helped fuel them. All of which leaves it awkwardly posi-
tioned to suggest that the millions of Americans who now

18 UNITED STATES v. HEMANI
Opinion of the Court
regularly use marijuana are categorically and unusually
dangerous.
In saying this much, we do not question that sometimes
an individual’s unlawful use of marijuana (or any other con-
trolled substance) may render him a danger to others. But,
again, the government disclaims the need to show anything
like that in this case. Instead, it asks us to conclude that
anyone who regularly uses marijuana is categorically vio-
lent and dangerous without any further showing. All based
on little more than its current say-so, one at odds with its
own regulatory actions. And affording the government that
kind of “broad power to designate any group as dangerous
and thereby disqualify its members from having a gun”
would risk allowing it to “quickly swallow” the Second
Amendment. Kanter v. Barr, 919 F. 3d 437, 465 (CA7 2019)
(Barrett, J., dissenting).
*
In many respects, this case is a narrow one. We do not
address efforts to ban addicts, see n. 2, supra, or those pres-
ently intoxicated, from possessing a firearm. We do not ad-
dress other prophylactic laws Congress might adopt after
determining that users of a particular drug pose a special
risk of misusing firearms. See n. 6, supra. We do not ad-
dress 18 U. S. C. §922(g)(1)’s provision disarming individu-
als convicted of felonies (often including drug-related ones).
Ibid. We do not even address whether the government
could bring a prosecution under §922(g)(3) accompanied by
individualized proof that the defendant’s use of marijuana
(or any other drug) renders him a danger to himself or oth-
ers. Or proof that a certain drug always renders its users
dangerous because of its potency or for some other reason.
None of those issues is before us and we do not pass on them
either way.
All that is before us is one, if surely ambitious, theory.
The government maintains that it may automatically strip

19 Cite as: 608 U. S. ____ (2026)
Opinion of the Court
Mr. Hemani of his Second Amendment right to possess a
firearm because he uses marijuana a few times a week.
More than that, because he possessed a gun despite this
prohibition, the government insists it may imprison him for
up to 15 years and disarm him for life. According to the
government, none of this turns on how much marijuana Mr.
Hemani uses or what effect it has on him. It makes no dif-
ference either if he keeps a firearm only in his home for self-
defense, never misuses a gun while intoxicated, and never
poses a danger to himself or others as a result of his mari-
juana use. The only thing the government must show, it
says, is that an individual like Mr. Hemani regularly uses
any amount of any controlled substance.
To square that expansive theory with the Second Amend-
ment, the government invites us to draw an analogy be-
tween its present regulation and historical laws addressing
habitual drunkards. 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. But the govern-
ment’s analogy fails under every measure it asks us to con-
sider: The historical laws on which it relies targeted differ-
ent kinds of people, did so for different reasons, and
operated in different ways. And faced with all these short-
comings in the government’s submission, we cannot say it
has carried its conceded burden of showing its prosecution
of Mr. Hemani complies with the Second Amendment.
The judgment of the Fifth Circuit is affirmed.
It is so ordered.

_________________
_________________
1 Cite as: 608 U. S. ____ (2026)
T
HOMAS, J., concurring
SUPREME COURT OF THE UNITED STATES
No. 24–1234
UNITED STATES, PETITIONER v. ALI
DANIAL HEMANI
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE FIFTH CIRCUIT
[June 18, 2026]
JUSTICE THOMAS, concurring.
I agree with the Court that §922(g)(3) violates the Second
Amendment as applied to respondent Ali Hemani, and I
join its opinion in full. I write separately to call attention
to another issue: As a matter of both original meaning and
this Court’s precedents, §922(g)(3) appears to exceed Con-
gress’s enumerated power to regulate interstate commerce.
The statute makes it a federal crime for unlawful drug us-
ers to possess any firearm or ammunition “in or affecting
commerce.” 18 U. S. C. §922(g)(3). Under the prevailing
interpretation of §922(g)(3), the Government can secure a
conviction for unlawful firearm possession “if the firearm
possessed” by the drug user “had previously traveled in in-
terstate commerce.” United States v. Rawls, 85 F. 3d 240,
242 (CA5 1996) (per curiam). The Commerce Clause does
not authorize Congress to “regulate or ban possession of any
item that has ever been offered for sale or crossed state
lines.” Alderman v. United States, 562 U. S. 1163, 1167
(2011) (T
HOMAS, J., dissenting from denial of certiorari).
Such an understanding would “convert congressional au-
thority under the Commerce Clause to a general police
power of the sort retained by the States.” United States v.
Lopez, 514 U. S. 549, 567 (1995). So, while the issue was
not presented in this case, the Court, and lower courts,
should revisit the constitutionality of §922(g).

2 UNITED STATES v. HEMANI
T
HOMAS, J., concurring
I
Section 922(g) criminalizes intrastate gun possession. It
makes it a felony for enumerated categories of people to, as
relevant here, “possess in or affecting commerce, any fire-
arm or ammunition.” §922(g). In Scarborough v. United
States, 431 U. S. 563 (1977), this Court held that materially
identical language required—as a matter of statutory inter-
pretation—only that “the possessed firearm previously
traveled in interstate commerce.” Id., at 564, 578. The
courts of appeals have interpreted §922(g)’s “in or affecting
commerce” element to likewise require only that same
“minimal nexus” to interstate commerce. Rawls, 85 F. 3d,
at 242–243 (citing Scarborough, 431 U. S., at 575). In He-
mani’s indictment, for example, the Government alleged
only that the firearm that he possessed had “been shipped
and transported in interstate and foreign commerce” in the
past—even though Hemani was indicted for possessing it in
his home in Texas. See No. 4:23–cr–00018 (ED Tex.), ECF
Doc. 1, p. 1; ante, at 2–3 (majority opinion). The Govern-
ment did not have to allege, nor would it have had to prove
at trial, that Hemani bought the firearm from someone in
another State or even carried it across state lines himself
at any point. See, e.g., United States v. Ervin, 131 F. 4th
253, 256, 260 (CA4 2025) (upholding conviction of a North
Carolina defendant for unlawfully possessing a firearm
manufactured in North Carolina because someone else
brought it to another State and back to North Carolina).
II
Section 922(g) appears to exceed Congress’s powers un-
der the Commerce Clause. Congress has the power to “reg-
ulate Commerce . . . among the several States.” U. S.
Const., Art. I, §8, cl. 3. As a matter of both original meaning
and this Court’s precedents, Congress lacks the power to
regulate the possession of firearms solely on the ground
that they crossed state lines at some point in the past.

3 Cite as: 608 U. S. ____ (2026)
T
HOMAS, J., concurring
A
As an original matter, the Commerce Clause authorizes
Congress only “to regulate the buying and selling of goods
and services trafficked across state lines.” Gonzales v.
Raich, 545 U. S. 1, 58 (2005) (T
HOMAS, J., dissenting). It
gives Congress no power to regulate “activities wholly sep-
arated from business, such as gun possession.” Lopez, 514
U. S., at 599 (T
HOMAS, J., concurring). “[T]he power to reg-
ulate ‘commerce’ can by no means encompass authority over
mere gun possession, any more than it empowers the Fed-
eral Government to regulate marriage, littering, or cruelty
to animals, throughout the 50 States.” Id., at 585.
Because §922(g) criminalizes possession of firearms apart
from any purchase or sale of goods and services across state
lines, I doubt that it could be an exercise of Congress’s Com-
merce Clause powers as an original matter.
B
Section 922(g), it seems, also “cannot be reconciled” with
this Court’s modern Commerce Clause doctrine. Alderman,
562 U. S., at 1166 (opinion of T
HOMAS, J.). Under that doc-
trine, §922(g) must fall within one of three categories to be
constitutional: It must either regulate “the use of the chan-
nels of interstate commerce,” “regulate and protect the in-
strumentalities of interstate commerce, or persons or
things in interstate commerce,” or regulate “activities that
substantially affect interstate commerce.” Lopez, 514 U. S.,
at 558–559.
Section 922(g) does not seem to fall within either of the
first two categories. It does not, as far as I can tell, regulate
the “use of the channels of interstate commerce” because it
criminalizes possession of a firearm within a State long af-
ter any use of those channels. Nor does it “regulate and
protect the instrumentalities of interstate commerce, or
persons or things in interstate commerce” because it re-
quires no showing that the possession in question poses any

4 UNITED STATES v. HEMANI
T
HOMAS, J., concurring
risk to interstate buying, selling, shipping, or transporta-
tion.
I also doubt that §922(g) can fall within the third and
broadest category for regulations of “activities that sub-
stantially affect interstate commerce.” Id., at 559. The
mere possession of a firearm that long ago crossed state
lines is not “economic activity” in any sense, and the Court
has never upheld regulation of intrastate activity that is not
“economic in nature” under this category. United States v.
Morrison, 529 U. S. 598, 613 (2000). Moreover, our prece-
dents suggest that merely possessing a gun does not have a
“substantial effect” on interstate commerce. Section 922(g)
targets classes of people that the Government thinks
“threaten the safety of the community” if they have weap-
ons. Brief for United States 10. But, the Court has em-
phatically rejected “the argument that Congress may regu-
late noneconomic, violent criminal conduct based solely on
that conduct’s aggregate effect on interstate commerce.”
Morrison, 529 U. S., at 617. Accordingly, in Lopez, the
Court concluded that “possession of a gun in a local school
zone is in no sense an economic activity that might, through
repetition elsewhere, substantially affect any sort of inter-
state commerce.” 514 U. S., at 567. Like the gun-posses-
sion statute at issue in Lopez, §922(g) is not a regulation of
economic activity, but a law to combat “crime and violence,”
even at the local level. Gun Control Act of 1968, Pub. L. 90–
618, §101, 82 Stat. 1213.*
——————
*Gonzales v. Raich, 545 U. S. 1 (2005), cannot save §922(g), either.
That decision recognized a further category of a law forming an “essen-
tial par[t] of a larger regulation of economic activity.” Id., at 24 (internal
quotation marks omitted). Section 922(g) is not an effort to “regulate
purely intrastate activity” on the basis that “failure to regulate that class
of activity would undercut the regulation of the interstate market in that
commodity.” Id., at 18. Preventing gun “possession by certain categories
of dangerous persons” does not bear any rational relationship to the in-
terstate market for guns, drugs, or anything else, nor does it purport to
do so. Brief for United States 5 (describing the purpose of §922(g)).

5 Cite as: 608 U. S. ____ (2026)
T
HOMAS, J., concurring
For these reasons, lower court judges have for decades
concluded that under this Court’s precedents, §922(g) ex-
ceeds Congress’s power to regulate interstate commerce.
See, e.g., United States v. Chesney, 86 F. 3d 564, 574–575
(CA6 1996) (Batchelder, J., concurring); United States v.
Kuban, 94 F. 3d 971, 977 (CA5 1996) (DeMoss, J., dissent-
ing); United States v. Storey, 571 F. Supp. 3d 1296, 1298
(MD Fla. 2021) (Mizelle, J.); United States v. Seekins, 52 F.
4th 988, 991 (CA5 2022) (Ho, J., dissenting from denial of
rehearing en banc); United States v. Bonner, 159 F. 4th 338,
343 (CA5 2025) (Willett, J., concurring); see also United
States v. Patton, 451 F. 3d 615, 634 (CA10 2006)
(McConnell, J.) (regarding an analogous restriction on pos-
sessing body armor); United States v. Alderman, 565 F. 3d
641, 648 (CA9 2009) (Paez, J., dissenting) (same); United
States v. Alderman, 593 F. 3d 1141 (CA9 2010)
(O’Scannlain, J., dissenting from denial of rehearing en
banc) (same).
C
In upholding §922(g) under the Commerce Clause, the
courts of appeals have misapprehended our precedents in
two ways. Some have thought that Scarborough’s statutory
holding required them to uphold §922(g)’s constitutionality.
Others have concluded that the presence of a so-called “ju-
risdictional hook” in §922(g) renders the statute constitu-
tional under Lopez and Morrison. Neither rationale estab-
lishes that §922(g) is constitutional.
Several courts have upheld §922(g) based on this Court’s
decision in Scarborough alone. They have understood
——————
Section 922(g) is what the Government has always said it is: a regulation
to further “public safety” by preventing local gun crime. See Gun Control
Act, Pub. L. 90–618, §101, 82 Stat. 1213 (stating that its purpose is to
“provide support to Federal, State, and local law enforcement officials in
their fight against crime and violence”); accord, Brief for United States
32; Brief for Firearms Policy Coalition as Amicus Curiae 12.

6 UNITED STATES v. HEMANI
T
HOMAS, J., concurring
Scarborough’s interpretation of the statutory “in” or “affect-
ing commerce” requirement to establish, as a matter of Su-
preme Court precedent, that §922(g) is a valid exercise of
Congress’s Commerce Clause powers in all its applications.
Some have even suggested that they would otherwise find
§922(g) unconstitutional. See, e.g., Rawls, 85 F. 3d, at 243
(Garwood, J., concurring) (writing for the full panel and ex-
plaining that Scarborough “bind[s]” the court to uphold
§922(g)’s constitutionality even though “one might well
wonder how it could rationally be concluded that mere pos-
session of a firearm in any meaningful way concerns inter-
state commerce”); United States v. Gateward, 84 F. 3d 670,
671 (CA3 1996) (upholding the statute on the ground that
Lopez did not abrogate Scarborough); Patton, 451 F. 3d, at
636 (“[W]e see considerable tension between Scarborough”
and later decisions, but “we are bound by Scarborough”).
Those courts misread Scarborough. The Court has never
held that §922(g) is constitutional whenever the Scar-
borough test is satisfied. See Alderman, 562 U. S., at 1168
(opinion of T
HOMAS, J.). Scarborough’s holding “was statu-
tory, not constitutional.” Seekins, 52 F. 4th, at 991 (opinion
of Ho, J.); accord, Bonner, 159 F. 4th, at 342 (Willett, J.,
concurring); Brief for Firearms Policy Coalition as Amicus
Curiae 13–14. Scarborough addressed only whether “Con-
gress intended no more than a minimal nexus requirement”
in its statutory requirement that the firearm in question
was received, possessed, or transported “in commerce or af-
fecting commerce.” 431 U. S., at 564, 577 (internal quota-
tion marks omitted). It based its holding on the statute’s
“language” and “legislative history,” not constitutional law.
Id., at 575. Scarborough cannot be taken, by this Court or
the courts of appeals, as purporting to settle the question of
§922(g)’s constitutionality. See United States v. L. A.
Tucker Truck Lines, Inc., 344 U. S. 33, 38 (1952) (explaining
that holdings of this Court cannot be gleaned from issues
not “discussed in the opinion of the Court”).

7 Cite as: 608 U. S. ____ (2026)
T
HOMAS, J., concurring
Other courts have upheld §922(g)’s constitutionality
solely on the ground that it has a “jurisdictional hook” pur-
porting to connect the offense to interstate commerce. E.g.,
United States v. McAllister, 77 F. 3d 387, 389–390 (CA11
1996); United States v. Dorris, 236 F. 3d 582, 585–586
(CA10 2000); United States v. Lemons, 302 F. 3d 769, 772
(CA7 2002); United States v. Smith, 101 F. 3d 202, 215 (CA1
1996); United States v. Hanna, 55 F. 3d 1456, 1462, n. 2
(CA9 1995); United States v. Singletary, 268 F. 3d 196, 204
(CA3 2001). Under Scarborough, §922(g) requires that the
firearm at some point traveled across state lines. This ju-
risdictional element, these courts say, itself shows a suffi-
cient “nexus with interstate commerce.” United States v.
Bell, 70 F. 3d 495, 498 (CA7 1995); accord, e.g., Rawls, 85
F. 3d, at 242–243; United States v. Bolton, 68 F. 3d 396, 400
(CA10 1995). And, on this view, the “jurisdictional element”
in §922(g) “distinguishes it from the statutes considered in
Lopez and Morrison,” which lacked such a hook. Singletary,
268 F. 3d, at 204.
This justification, too, appears to conflict with our prece-
dents. Congress cannot regulate the possession of every
thing that ever traveled across state lines. Alderman, 562
U. S., at 1167 (opinion of T
HOMAS, J.). As a statutory mat-
ter, Congress required no more. But, treating Congress’s
“jurisdictional element” as dispositive “could very well re-
move any limit on the commerce power” and “would tres-
pass on traditional state police powers.” Ibid. It would also
render meaningless this Court’s decisions requiring that
exercises of the commerce power fit within defined catego-
ries. Morrison, 529 U. S., at 608–609.
Nothing in Lopez or Morrison suggests anything to the
contrary. Lopez considered a jurisdictional hook helpful
only if it “would ensure, through case-by-case inquiry, that
the firearm possession in question affects interstate com-
merce.” 514 U. S., at 561. But, as explained, §922(g)’s bare
requirement that the firearm previously traveled across

8 UNITED STATES v. HEMANI
T
HOMAS, J., concurring
state lines does not ensure that the firearm possession in
question affects interstate commerce: Mere possession of a
firearm does not necessarily affect commerce at all. Morri-
son also said that a jurisdictional hook could help show that
the statute “is in pursuance of Congress’ power to regulate
interstate commerce.” 529 U. S., at 613. But, the fact that
§922(g) purports to be an exercise of Congress’s Commerce
Clause powers does not mean that it falls within the legiti-
mate scope of those powers.
III
Under our Constitution, “[t]he powers of the legislature
are defined, and limited; and that those limits may not be
mistaken, or forgotten, the constitution is written.” Mar-
bury v. Madison, 1 Cranch 137, 176 (1803). It has now been
26 years since a party has received relief in this Court based
on a Commerce Clause challenge. Such relief has also been
hard to come by in the lower courts, as the decisions con-
cerning §922(g) show. This question merits a closer look in
an appropriate case. For, like Judge Batchelder, “I . . . am
unprepared to reduce the Supreme Court’s Lopez decision
to an anachronism to be noted in passing but ignored. Con-
gress’s enumerated powers, like Supreme Court opinions
setting forth their limits, are, in my view, to be taken seri-
ously.” Chesney, 86 F. 3d, at 580 (concurring opinion).

_________________
_________________
Cite as: 608 U. S. ____ (2026) 1
J
ACKSON, J., concurring
SUPREME COURT OF THE UNITED STATES
No. 24–1234
UNITED STATES, PETITIONER v. ALI
DANIAL HEMANI
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE FIFTH CIRCUIT
[June 18, 2026]
JUSTICE JACKSON, with whom JUSTICE SOTOMAYOR joins,
concurring.
I join the Court’s opinion in full because it correctly ap-
plies our decisions in New York State Rifle & Pistol Assn.,
Inc. v. Bruen, 597 U. S. 1 (2022), and United States v.
Rahimi, 602 U. S. 680 (2024). But I continue to believe that
we veered off course in Bruen. See Rahimi, 602 U. S., at
741 (concurring opinion). I write separately to emphasize
that means-end scrutiny—the approach courts applied be-
fore we adopted Bruen’s “history and tradition” metric—of-
fers a more rational way of assessing the constitutionality
of firearm regulations.
As I and others have elsewhere explained, Bruen is un-
workable. It imposes on judges the unfamiliar and difficult
tasks of sifting through centuries-old evidence in order to
answer “contested historical questions,” and “applying
those answers to resolve contemporary problems.” 597
U. S., at 107 (Breyer, J., dissenting). Given those chal-
lenges, it is unsurprising that Bruen’s test is vulnerable to
inconsistent and arbitrary application, as judges draw dif-
ferent conclusions from the same historical evidence and

2 UNITED STATES v. HEMANI
J
ACKSON, J., concurring
reach divergent assessments of the same laws. See Rahimi,
602 U. S., at 743 (J
ACKSON, J., concurring).
1
Perhaps worst of all, Bruen leaves no room to consider
“the real and present stakes of the problems facing our so-
ciety today.” Rahimi, 602 U. S., at 706 (S
OTOMAYOR, J.,
concurring). Instead, to pass a new firearm regulation, leg-
islatures and their lawyers are, as a practical matter, forced
to trawl through inconclusive and incomplete historical rec-
ords in search of evidence they can only hope will satisfy
this Court. See id., at 747 (J
ACKSON, J., concurring).
The difficulties Bruen has created are all the more strik-
ing when compared to the test it abolished: means-end scru-
tiny. Under that framework, courts measured the strength
of the government’s justification for the firearm restriction
against the burden that restriction imposed on Second
Amendment rights. See Bruen, 597 U. S., at 18–19 (major-
ity opinion). Courts applied “strict scrutiny if the burden”
on Second Amendment rights was “severe” and “intermedi-
ate scrutiny” if it was not. Id., at 103 (Breyer, J., dissent-
ing). The means-end scrutiny assessment did not bind gov-
ernments to the policy judgments of legislatures of yore, but
neither did it operate as a blank check that allowed govern-
ments to trample on a constitutional right. See, e.g., New
York State Rifle & Pistol Assn., Inc. v. Cuomo, 804 F. 3d
242, 264 (CA2 2015) (holding that a state ban on magazines
loaded with more than seven rounds of ammunition
——————
1
Lower court cases addressing the constitutionality of the federal ban
on firearm possession by felons, see 18 U. S. C. §922(g)(1), provide a stark
example of this inconsistency. Compare, e.g., United States v. Cocker-
ham, 162 F. 4th 500, 504 (CA5 2025) (holding that §922(g)(1) is uncon-
stitutional as applied to a defendant whose prior conviction was for fail-
ing to pay child support), and Range v. Atty. Gen., 124 F. 4th 218, 232
(CA3 2024) (en banc) (same, where the prior conviction was for making
a false statement to obtain food stamps), with United States v. Duarte,
137 F. 4th 743, 761–762 (CA9 2025) (categorically affirming the consti-
tutionality of §922(g)(1) as applied to nonviolent felons), and United
States v. Jackson, 110 F. 4th 1120, 1125, 1129 (CA8 2024) (similar).

3 Cite as: 608 U. S. ____ (2026)
J
ACKSON, J., concurring
violated the Second Amendment), abrogated on other
grounds by Bruen, 597 U. S. 1; Ezell v. Chicago, 651 F. 3d
684, 708–709, 711 (CA7 2011) (preliminarily enjoining, un-
der the Second Amendment, a city ordinance banning firing
ranges).
Constitutional adjudication through means-ends scru-
tiny is squarely within the competence of courts. Indeed,
for other constitutional rights, courts regularly assess
whether the government’s justification for a law is legiti-
mate and whether the law’s operation is sufficiently tai-
lored to promote that justification. See, e.g., Reed v. Town
of Gilbert, 576 U. S. 155, 164, 171–172 (2015) (applying
strict scrutiny, under the First Amendment, to a content-
based restriction on speech); City of Austin v. Reagan Nat.
Advertising of Austin, LLC, 596 U. S. 61, 69, 76–77 (2022)
(holding that intermediate scrutiny, under the First
Amendment, applied to a content-neutral law); Sessions v.
Morales-Santana, 582 U. S. 47, 58 (2017) (applying height-
ened scrutiny, under the Fifth Amendment, to a
gender-based immigration law); Johnson v. California, 543
U. S. 499, 509 (2005) (applying strict scrutiny, under the
Fourteenth Amendment, to a racial classification). There
is no reason why an approach that has worked well enough
in these other contexts would pose a problem only for Sec-
ond Amendment adjudication.
Best of all, applying means-end scrutiny to firearm re-
strictions like the 18 U. S. C. §922(g)(3) prosecution before
us would be straightforward.
2
We would be tasked with an-
swering familiar questions: How severe is the law’s burden
on Second Amendment rights? Does the government have
a strong interest in preventing firearm possession by those
“who pose a special danger of misuse”? Brief for United
——————
2
I opine only on the mechanics of the means-ends test; what result that
test would produce here is not before us, since neither party asks us to
overturn Bruen and apply means-ends scrutiny.

4 UNITED STATES v. HEMANI
J
ACKSON, J., concurring
States 12. And is §922(g)(3)’s ban on firearm possession by
unlawful users of marijuana sufficiently tailored to that in-
terest?
Notably, even as the government and the Court endorse
the Bruen framework, both seem to acknowledge the rele-
vance of these questions. For example, the government em-
phasizes that the purpose (the “end”) of §922(g)(3) is to re-
strict possession of firearms by people who pose a special
risk of misuse. See Brief for United States 12. And, it
claims, §922(g)(3) furthers that purpose by targeting people
who, in Congress’s judgment, pose an increased risk of fire-
arm misuse because they “regularly and routinely us[e]” il-
legal drugs (the “means”). Tr. of Oral Arg. 17–18; see id.,
at 59–60. This argument boils down to the idea that
§922(g)(3) is sufficiently tailored to Congress’s legitimate
purpose of preventing firearm misuse.
In response, this Court speaks in the same register. It
rejects the government’s means-end calculus by suggesting
that the government has not established that the actual
purpose of §922(g)(3) is to disarm “unusually dangerous”
people. Ante, at 16 (internal quotation marks omitted). Us-
ing the substances that trigger application of §922(g)(3)
even regularly does not, in the Court’s view, necessarily
make users dangerous, violent, or otherwise susceptible to
misusing firearms. See ante, at 16–18. In other words, the
Court’s discussion implies that §922(g)(3)’s operation is not
sufficiently tailored to the government’s stated purpose—
precisely the issue to which means-end scrutiny would di-
rect our focus.
Adding to Bruen’s weaknesses is the fact that its frame-
work provides no clear role for this kind of tailoring discus-
sion. But such analysis is key. Scrutinizing the fit between
a challenged law’s justification and its operation is an es-
sential part of any sensible framework for Second Amend-
ment adjudication. In a future case that squarely presents
the question, we should consider whether to retire the failed

5 Cite as: 608 U. S. ____ (2026)
J
ACKSON, J., concurring
Bruen experiment and return to an explicit assessment of
Congress’s ends and means when deciding the constitution-
ality of firearm restrictions.

_________________
_________________
1 Cite as: 608 U. S. ____ (2026)
A
LITO, J., concurring in judgment
SUPREME COURT OF THE UNITED STATES
No. 24–1234
UNITED STATES, PETITIONER v. ALI
DANIAL HEMANI
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE FIFTH CIRCUIT
[June 18, 2026]
JUSTICE ALITO, with whom JUSTICE KAGAN joins, concur-
ring in the judgment.
I agree with the Court that the historical analogues that
the Government cites are not “relevantly similar” to 18
U. S. C. §922(g)(3) as applied to respondent. New York
State Rifle & Pistol Assn., Inc. v. Bruen, 597 U. S. 1, 29
(2022). I therefore agree that we should affirm the judg-
ment of the Fifth Circuit. I also agree that nothing in the
opinion of the Court should be read to cast doubt on the con-
stitutionality of other provisions of §922(g), such as
§§922(g)(1) and (4), the “prohibitions on the possession of
firearms by felons and the mentally ill,” District of Colum-
bia v. Heller, 554 U. S. 570, 626 (2008), which we have re-
peatedly said are “‘presumptively lawful,’” United States v.
Rahimi, 602 U. S. 680, 699 (2024) (quoting Heller, 554
U. S., at 627, n. 26). See ante, at 15–16, n. 6 (quoting Hel-
ler, 554 U. S., at 626).
Although I agree with the Court on these points, I would
affirm on a different ground from those on which the major-
ity relies. As the opinion of the Court explains, the habit-
ual-drunkard laws that the Government cites did not allow
officials to disarm all those who “regularly used intoxi-
cants,” or even just those who “sometimes used them to ex-
cess.” Ante, at 10. These laws instead threatened disarma-
ment only for those whose use of an intoxicant “rendered

2 UNITED STATES v. HEMANI
A
LITO, J., concurring in judgment
them practically incapacitated and incapable of managing
their affairs.” Ibid. Those persons drank so much, so often,
that they were incapacitated not only during bouts of
drunkenness but also in a more persistent and pervasive
manner. Yet the Government argues that these historical
analogues establish a regulatory tradition that allows it to
disarm “anyone” who regularly uses “any amount” of mari-
juana unlawfully. Ibid.
The mismatch between the Government’s historical ana-
logues and the theory on which the Government defends the
constitutionality of §922(g)(3) as applied to respondent is
clear. All that we know about respondent’s marijuana use
is that he used the drug about every other day. We do not
know how much he used, the strength of the marijuana he
used, how many times he used it on the days in question,
the time of day when he used it, where he used it, or the
degree to which this use affected his ability to exercise judg-
ment and perform daily tasks responsibly. As a result, the
Government has failed to show that a marijuana user like
respondent is incapacitated in a way analogous to the ha-
bitual drunkards that the Government’s analogues regu-
lated.
Marijuana consumption is increasingly common in this
country. Many States have legalized its use and sale, and
although possession of the drug remains a federal crime,
very few persons are convicted of that offense each year.
The Government has largely tolerated the production and
sale of marijuana when done in accord with state law, and
it has allowed a multi-billion-dollar marijuana business to
develop.
1
For its part, Congress has restricted the use of
appropriated funds to prevent States from implementing
laws that allow the use, distribution, possession, or cultiva-
tion of medical marijuana, or to prosecute certain parties
——————
1
See Congressional Research Service, L. Sacco & J. Lampe, The Fed-
eral Status of Marijuana and the Policy Gap With States 2 (2026).

3 Cite as: 608 U. S. ____ (2026)
A
LITO, J., concurring in judgment
that produce, distribute, or possess marijuana in compli-
ance with state law.
2
In these circumstances, marijuana use today is like alco-
hol 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.
These similarities underscore the deficiency of the Gov-
ernment’s analogues. To succeed, the Government would
need to identify a regulatory principle that justified dis-
armament of persons who are relevantly similar to the oc-
casional marijuana user. But whereas the Government’s
analogues allowed disarmament only of those whose ex-
treme use of an intoxicant (alcohol) incapacitated them ha-
bitually, §922(g)(3) as applied to respondent allows dis-
armament of those who do no more than “regularly us[e]” a
similar intoxicant (marijuana) unlawfully.
In attempting to rebuff a Second Amendment challenge,
the Government need not identify a historical twin or pre-
cise precursor. Rahimi, 602 U. S., at 692. Still, the Gov-
ernment must cite analogues that are “relevantly similar”
and that therefore furnish a basis for inferring that a chal-
lenged law is consistent with the historical understanding
of the right that the Second Amendment codified. Here, the
Government’s analogues are too far afield to justify the ap-
plication of §922(g) to a marijuana user like respondent.
We need not say more to decide this case, and I would for
that reason say no more. I accordingly would affirm on this
ground alone.
——————
2
Ibid.