Background and Context
The US Supreme Court has decided to examine the constitutionality of a law that prohibits gun possession for regular users of illegal drugs, a sensitive issue in American society.
While the Trump Administration champions the Second Amendment, which guarantees the right to bear arms, it is this administration that seeks confirmation from the nine justices of the Court, now conservative-majored, that this law be upheld. The law was previously struck down by an appellate court.
Relevance: The Hunter Biden Case
This case is also the law under which Hunter Biden, son of former Democratic President Joe Biden, was convicted in June 2024 for illegal gun possession.
Hunter Biden was found guilty of lying on gun purchase forms in 2018, denying his drug addiction. His father, Joe Biden, pardoned him in December 2024.
Government’s Stance
John Sauer, the Government’s legal advisor, argued in his Supreme Court appeal: “Unjustified restrictions on the right to possess and carry arms pose a serious threat to Americans’ most cherished freedoms.”
“However, there are exceptional circumstances where the government can legitimately limit this right,” Sauer added, considering the disputed law one such exception.
Regular users of illegal drugs “pose a special threat to society, especially as they represent a significant risk of armed confrontation and hostility with law enforcement while under the influence of drugs,” Sauer argued.
Additional Cases
This case is the second related to the right to bear arms included in the Supreme Court’s program, alongside another concerning the regulation of concealed carry in sensitive places like beaches, public parks, or bars.
Timeline and Next Steps
No date has been set for the debates on these cases, but the Court must rule before the end of its annual session in late June.
In June 2022, the Supreme Court affirmed citizens’ right to carry arms outside their homes, explaining that it would only allow “reasonable” exceptions to the Second Amendment, especially in “sensitive places.”
Key Questions and Answers
- What is the case about? The US Supreme Court will review a law that prohibits gun possession for regular users of illegal drugs.
- Who is Hunter Biden and why is he relevant? Hunter Biden, son of former President Joe Biden, was convicted under this same law for illegal gun possession in June 2024. His father later pardoned him.
- What is the government’s argument? The Trump Administration argues that while the right to bear arms is crucial, there are exceptional circumstances where this right can be legitimately limited. They consider drug users who pose a significant risk of armed confrontation with law enforcement as such exceptions.
- What other cases is this related to? This case, along with another concerning concealed carry in sensitive places, is part of the Supreme Court’s current program.
- When will the court rule? The Supreme Court must rule on this case before the end of its annual session in late June, though no specific date has been set for the debates.
