Attorney General Bonta to SCOTUS: Drugs and Guns are a Dangerous Combination

Urges U.S. Supreme Court to reverse a decision allowing habitual drug users to possess firearms if not impaired at the time of arrest

OAKLAND — California Attorney General Rob Bonta today joined a bipartisan coalition of 20 attorneys general in filing an amicus brief in United States v. Hemani, a case before the U.S. Supreme Court. In the brief, the attorneys general support the federal government’s argument that a federal law prohibiting unlawful drug users from possessing firearms is constitutional and ask the U.S. Supreme Court to vacate a lower court decision finding the law in question to be in violation of the Second Amendment.  

“Drugs and guns are a dangerous combination. Potentially dangerous drug users should not possess firearms — this is a commonsense notion to prevent people who use drugs from harming themselves, their loved ones, or their communities,” said Attorney General Bonta. “Both red and blue states alike — recognizing the dangers posed by combining habitual drug use with firearms — have imposed firearm restrictions to prevent gun violence. Today I urge the Supreme Court to reverse a lower court decision, uphold public safety, and keep firearms out of the reach of people who are drug users.”

The underlying case concerns the possession of a firearm by an active marijuana, cocaine, and promethazine user. Under federal law, title 18, section 922(g)(3) of the United States Code specifically bars an individual who is “an unlawful user of or addicted to any controlled substance” from possessing any firearm or ammunition, or shipping or transporting the same in interstate commerce. The defendant in this case moved to dismiss the indictment as a violation of his Second Amendment rights, and a lower court determined that federal law only covers habitual drug users who were intoxicated at the time of arrest. 

In the brief, the attorneys general highlight the unique danger that habitual drug users pose in possessing firearms, and how that danger is separate and apart from individuals who possess firearms while intoxicated. In addition to the clear public safety risks presented by possessing firearms while impaired, habitual drug use can cause some individuals to experience chronic psychological disturbances that affect their conduct and decision making, including their ability to safely handle firearms. Further, because much drug use is illicit, habitual drug users frequently interact with the illegal drug trade, which is inherently dangerous and drives criminality. 

In light of these public safety risks, the vast majority of states regulate firearm use by habitual drug users, similarly to federal law. The widespread nature of these laws reflects the wide consensus that habitual drug users are a risk to public safety and should therefore not have access to firearms. California’s own law under California Penal Code § 29800(a)(1) prohibits possession of firearms by any individual “who is addicted to the use of any narcotic drug.”   

In submitting the brief, Attorney General Bonta joins the states of Illinois, the District of Columbia, Colorado, Connecticut, Delaware, Hawai‘i, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Ohio, Oregon, Rhode Island, Vermont, and Washington.