FPCAF Calls on Supreme Court to Strike Down Sweeping Marijuana User Gun Ban
WASHINGTON, D.C. (January 30, 2026) — Today, FPC Action Foundation (FPCAF) announced the filing of a brief with the U.S. Supreme Court in the case of United States v. Hemani, which challenges the federal law banning marijuana users from possessing guns. FPCAF joins the National Rifle Association (NRA) and Independence Institute in filing the brief, which argues that the historical tradition of disarming individuals while intoxicated cannot be used to permit disarmament of sober individuals merely because they sometimes use marijuana.
“Like all historical firearm restrictions that applied to individuals, intoxication laws were grounded in concerns about dangerousness—specifically, that firearm use while intoxicated heightened the danger of misuse,” argues the brief. “For substances such as alcohol or marijuana, however, that danger is temporary and disappears once one is sober.”
“The federal government attempts to dramatically expand the historical limitations on the right to keep and bear arms in order to protect this blatantly unconstitutional federal gun control statute,” said FPC Action Foundation President Cody J. Wisniewski. “Taken to its logical conclusion, the government’s argument suggests that it would be constitutional to prohibit anyone who drinks alcohol from owning guns. Our Nation’s history demonstrates that’s not true, which is why the Supreme Court needs to take this opportunity to stop that erroneous logic from being expanded to cover marijuana users.”
FPCAF joins the NRA and Independence Institute in filing this brief. The parties are represented by Joseph G.S. Greenlee, David B. Kopel, George A. Mocsary, and F. Lee Francis.
About FPC Action Foundation
FPC Action Foundation (FPCActionFoundation.org), a 501(c)(3) nonprofit organization, exists to create a world of maximal human liberty through charitable legal action, public policy, education, and research programs. Individuals who want to support this and other cases can make a tax-deductible donation to the FPC Action Foundation here.