New York State Rifle & Pistol Association: Gun Ban for ‘Unlawful’ Drug Users Doesn’t Just Violate 2A

January 30, 2026
2:40 pm

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The New York State Rifle & Pistol Association (NYSRPA) is firing on all cylinders in the Hemani case, arguing that the federal gun ban for unlawful drug users isn't just a Second Amendment violation—it's a due process disaster and a blatant equal protection fail. At its core, this stems from 18 U.S.C. § 922(g)(3), which prohibits firearm possession by anyone unlawful user of or addicted to any controlled substance. In U.S. v. Hemani, the NYSRPA filed an amicus brief slamming the law's vagueness: how do you define unlawful user without a conviction? A single positive drug test? Past marijuana use in a state where it's now legal? The brief cleverly ties this to the Supreme Court's Bruen framework, where history and tradition demand clear boundaries on disarming law-abiding citizens. No Founding-era analog exists for stripping rights based on mere allegation of drug use—think about it, the Framers didn't confiscate muskets from ale-swilling patriots. This isn't some fringe pothead pleading; Hemani spotlights how the ban ensnares everyday Americans in a post-legalization world. With 24 states plus D.C. greenlighting recreational cannabis, millions could unknowingly fall into unlawful user status under federal eyes, creating a patchwork nightmare. NYSRPA's analysis exposes the hypocrisy: states nullify federal drug laws daily, yet the feds cling to disarming power without proof of danger. Implications for the 2A community are massive—success here could gut other §922(g) clauses, like the felon-in-possession ban if courts demand individualized threat assessments per Bruen. It's a Trojan horse for broader rights restoration, forcing SCOTUS to confront how outdated prohibitions clash with modern realities. Gun owners, take note: this case could redefine prohibited person from guilt-by-accusation to actual menace. Beyond the courtroom, it's a rallying cry against regulatory overreach. The ATF's recent Rule 2021R-05R already presumes unlawful use from state pot cards, turning dispensary visits into federal felonies. NYSRPA warns this chills self-defense rights, especially for veterans using medical cannabis for PTSD—ironic, given the military's own tolerance. If Hemani prevails, expect a domino effect: challenges to bans on alcohol abusers (hello, DUI history) or even tobacco users. For 2A advocates, it's prime time to amplify—share the brief, pressure your reps, and watch as this vagueness virus infects the entire gun control apparatus. The right to keep and bear arms isn't conditional on a urine test; it's a bedrock liberty. Stay vigilant, America.

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The New York State Rifle & Pistol Association (NYSRPA) is firing on all cylinders in the Hemani case, arguing that the federal gun ban for unlawful drug users isn’t just a Second Amendment violation—it’s a due process disaster and a blatant equal protection fail. At its core, this stems from 18 U.S.C. § 922(g)(3), which prohibits firearm possession by anyone unlawful user of or addicted to any controlled substance. In U.S. v. Hemani, the NYSRPA filed an amicus brief slamming the law’s vagueness: how do you define unlawful user without a conviction? A single positive drug test? Past marijuana use in a state where it’s now legal? The brief cleverly ties this to the Supreme Court’s Bruen framework, where history and tradition demand clear boundaries on disarming law-abiding citizens. No Founding-era analog exists for stripping rights based on mere allegation of drug use—think about it, the Framers didn’t confiscate muskets from ale-swilling patriots.

This isn’t some fringe pothead pleading; Hemani spotlights how the ban ensnares everyday Americans in a post-legalization world. With 24 states plus D.C. greenlighting recreational cannabis, millions could unknowingly fall into unlawful user status under federal eyes, creating a patchwork nightmare. NYSRPA’s analysis exposes the hypocrisy: states nullify federal drug laws daily, yet the feds cling to disarming power without proof of danger. Implications for the 2A community are massive—success here could gut other §922(g) clauses, like the felon-in-possession ban if courts demand individualized threat assessments per Bruen. It’s a Trojan horse for broader rights restoration, forcing SCOTUS to confront how outdated prohibitions clash with modern realities. Gun owners, take note: this case could redefine prohibited person from guilt-by-accusation to actual menace.

Beyond the courtroom, it’s a rallying cry against regulatory overreach. The ATF’s recent Rule 2021R-05R already presumes unlawful use from state pot cards, turning dispensary visits into federal felonies. NYSRPA warns this chills self-defense rights, especially for veterans using medical cannabis for PTSD—ironic, given the military’s own tolerance. If Hemani prevails, expect a domino effect: challenges to bans on alcohol abusers (hello, DUI history) or even tobacco users. For 2A advocates, it’s prime time to amplify—share the brief, pressure your reps, and watch as this vagueness virus infects the entire gun control apparatus. The right to keep and bear arms isn’t conditional on a urine test; it’s a bedrock liberty. Stay vigilant, America.

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