SCOTUS Grabbed the Pot-Gun Ban and Hawaii's Carry Power Grab

In United States v. Hemani, No. 24-1234, the Court will decide whether 18 U.S.C. § 922(g)(3) — prohibiting firearm possession by unlawful drug users — violates the Second Amendment as applied to the respondent. The government's petition notes the defendant told the FBI he used marijuana about every other day.

The United States has filed companion petitions in Daniels and Sam raising the same § 922(g)(3) question, recommending the Court hold those cases pending Hemani.

In Wolford v. Lopez, No. 24-1046, the Court accepted one question from a cert petition: whether Hawaii may presumptively prohibit licensed concealed carry on private property open to the public unless the property owner affirmatively grants permission. The Ninth Circuit's answer conflicts with the Second Circuit — a classic split warranting review.

Beyond those two grants, CRS tracks a long queue of felon-in-possession challenges to § 922(g)(1). The Court denied cert in dozens of such cases in January 2026 but left more than a dozen petitions pending, testing whether nonviolent felons can be permanently disarmed under Bruen.

Other pending petitions target federal age restrictions under § 922(b)(1), NFA registration under § 5861(d) in England v. United States, obliterated serial numbers in Gomez v. United States, and machinegun conversion devices in Taylor v. United States.

Congress wrote these statutes. The Court is now deciding how much of the federal gun-control architecture survives Bruen and Rahimi. Hemani and Wolford are the next dominoes.