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Congress Can’t Enact Sweeping Gun Prohibitions, Argues FPC in New Supreme Court Brief

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The Firearms Policy Coalition (FPC) just dropped a bombshell amicus brief in *United States v. Hemani*, telling the Supreme Court in no uncertain terms that Congress is overstepping its constitutional bounds with the federal ban on gun possession by marijuana users. Represented by the sharp legal minds at Benbrook Law Group—Bradley Benbrook and Stephen Duvernay—FPC’s argument cuts straight to the heart of Article I: the feds simply lack the authority to enact such sweeping prohibitions on a fundamental right. With oral arguments locked in for March 2nd, 2026, this isn’t just another filing; it’s a direct challenge to the bloated regulatory state that’s been chipping away at the Second Amendment under the guise of public safety.

Think about the context here—this ban, rooted in 1968’s Gun Control Act and amplified by ATF rulemaking, treats millions of otherwise law-abiding Americans (all those state-legal cannabis users) as instant felons for exercising their 2A rights. FPC cleverly frames it as an Article I power grab, echoing *Rahimi* and *Bruen*’s emphasis on historical tradition over modern fiat. No Founding-era analogue exists for disarming citizens over hemp or weed, they argue, exposing the ban as naked overreach. It’s a masterstroke, forcing the Court to confront how shall not be infringed gets twisted into shall not if you toke.

For the 2A community, the implications are electric: a win could dismantle not just this prohibition but ripple into challenges against red-flag laws, domestic violence disarms, and other shall-issue-but-not-really schemes lacking true congressional pedigree. It supercharges the post-*Bruen* momentum, reminding gun owners that the Commerce Clause isn’t a blank check for nanny-state nonsense. Eyes on SCOTUS—this could be the case that hands Congress a constitutional timeout on gun grabs. Stay locked in, patriots; FPC is fighting the fight we all need.

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