The U.S. Supreme Court unanimously ruled that the federal ban on firearm possession for people who use drugs or are addicted to controlled substances cannot be applied automatically.
The case concerns Section 922 of Title 18 of the U.S. Code. One of its provisions bars firearm or ammunition possession by “any person who is an unlawful user of or addicted to any controlled substance.”
In practice, this rule is applied when a firearm is purchased. The buyer fills out ATF Form 4473, where, among other things, they must answer whether they are an unlawful user of or addicted to controlled substances. If the answer is yes, the seller may not sell the firearm. If the buyer answers “no” and it later turns out to be false, they can face criminal prosecution for unlawful firearm possession and knowingly providing false information.
However, the Supreme Court held that citizens’ constitutional right to possess firearms cannot be restricted solely on the basis of drug use. Authorities must now prove not only that a person uses drugs, but that, because of this, they pose a danger to society.
A separate problem is linked to the fact that marijuana is included on the list of controlled substances, even though its use has been fully or partly legalized in a number of states. Since the ban operates at the federal level, it also applies to marijuana users, creating legal contradictions.
It is not yet clear exactly how the court’s decision will be applied in practice. Most likely, ATF Form 4473 will remain unchanged for the near future, but people who use drugs will gain the opportunity to seek the right to buy and possess firearms through local courts. In the future, the wording of the relevant provision may be changed or removed entirely—this will depend on how executive authorities interpret the court’s decision.
The White House had officially supported keeping the ban in its current form.