New Working Paper on SSRN: United States v. Hemani and 18 U.S.C. § 922(g)(3)
U.S. Supreme Court Paper Title: United States v. Hemani: A Narrow Holding Full of Problems Author: Dru Stevenson (Vinson & Elkins Research Professor of Law, South Texas College of Law Houston) Repository Link: SSRN Abstract 7217658 Forthcoming In: Cato Supreme Court Review (2026) Abstract: In United States v. Hemani (2026), a unanimous Supreme Court held that 18 U.S.C. § 922(g)(3) violates the Second Amendment when applied to regular marijuana users without proof of individual dangerousness. While purporting to issue a narrow holding, Hemani inflicts severe administrative and doctrinal damage. Critically, the Court completely ignored governing ATF narrowing regulations (27 C.F.R. § 478.11) and relied on outdated empirical data while creating operational chaos for the FBI’s NICS background check system. Beyond the majority opinion, concurrences reveal deeper structural rifts: Justice Thomas questioned Congress’s Commerce Clause authority over local gun possession, while...