DEFENSE · 18usc922:hemani-as-applied
Hemani (June 18, 2026), majority pp. 18-19, rejects automatically disarming this regular marijuana user based solely on that status under the government's historical-analogy theory. It reserves addicts, present intoxication, individualized dangerousness proof, particular dangerous drugs, and section 922(g)(1). This is an as-applied constitutional limitation, not textual deletion of status.g3 or a universal dangerousness element. It does not defeat liability independently established under a different prohibited status.
Exact element source
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));Source:
docroot/ir/usc/title18.jsonl#title18_sec922; Unicode character offsets [16316:16464] (end exclusive); SHA-256 69d6082896652ca704d8da56c0a01daa1d10b51846206764bf1140610c756b65.All variants
No variants recorded in this snapshot.
How courts decided this element
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Court interpretations
interpretation
And faced with all these short- comings in the government’s submission, we cannot say it has carried its conceded burden of showing its prosecution of Mr. Hemani complies with the Second Amendment.
And faced with all these short- comings in the government’s submission, we cannot say it has carried its conceded burden of showing its prosecution of Mr. Hemani complies with the Second Amendment.Source:
docroot/ir/caselaw/clus_cl.jsonl#/cl/10876933; Unicode character offsets [49204:49401] (end exclusive); SHA-256 ddc3c7badaca411744cfb09e0eefa48fc95674d3448c1f5c6032881f91d5e9f2.Hemani (June 18, 2026), majority pp. 18-19, rejects automatically disarming this regular marijuana user based solely on that status under the government's historical-analogy theory. It reserves addicts, present intoxication, individualized dangerousness proof, particular dangerous drugs, and section 922(g)(1). This is an as-applied constitutional limitation, not textual deletion of status.g3 or a universal dangerousness element. It does not defeat liability independently established under a different prohibited status.