Gun Law Brief June 20 2026 SCOTUS Drug User Ruling
The Supreme Court ruled unanimously Thursday in United States v. Hemani, narrowing the federal prohibition on firearm possession by drug users and finding certain prosecutions under 18 U.S.C. §922(g)(3) unconstitutional. The 9-0 decision, authored by Justice Gorsuch, directly affects how FFLs and buyers assess eligibility on Form 4473 Question 21.e. An ATF proposed rule already open for public comment would align the regulatory definition with the ruling — comments close June 30.
Today’s Headlines
- SCOTUS — U.S. v. Hemani (9-0): The Court upheld dismissal of charges against a marijuana user, holding that prosecutions under §922(g)(3) based solely on habitual use — without active impairment, recent conviction, or clinical evidence of dependence — are constitutionally suspect under the Second Amendment. Source: cnbc.com
- ATF Proposed Rule — “Unlawful Drug User” Definition: ATF’s open NPRM would limit §922(g)(3) prohibitions to persons who were actively impaired, convicted within 12 months, or clinically diagnosed as dependent within 12 months — now directly aligned with Hemani. Public comment deadline is June 30, 2026. Source: atf.gov
- ATF — Form 4473 Overhaul Proposed: ATF has proposed a comprehensive revision to Form 4473, including electronic completion, auto-populated fields, revised eligibility attestations, and an extended NICS processing window. Comments are due July 7, 2026. Source: federalregister.gov
- ATF — FFL eZ Check Now in Effect: A direct final rule already in effect eliminates the requirement for FFLs to obtain certified paper copies of a recipient dealer’s license, permitting instant verification through ATF’s free eZ Check online portal instead. Source: coriolisagency.com
- Virginia — Reciprocity Overhaul and Magazine Limit (July 1): Virginia’s HB24 ends automatic recognition of all out-of-state carry permits, requiring State Police approval of each issuing state. SB749 simultaneously imposes a 10-round magazine limit with no grandfather clause for previously owned magazines. Both take effect in 10 days. Source: protectwithbear.com
What This Means for Gun Owners
The Hemani ruling does not eliminate the drug-user firearm prohibition — it narrows when it can be enforced. FFLs should continue processing Form 4473 as normal; the buyer’s attestation on Question 21.e remains in place and carries legal weight. Buyers in Virginia have 10 days to confirm their out-of-state permit is recognized under the new qualified-state registry before carrying there. The proposed Form 4473 overhaul and non-OTC shipping rule are still in comment stages and are not yet in effect.
Key Dates to Watch
- June 30, 2026: Comment deadline — ATF proposed rule narrowing “unlawful drug user” definition under §922(g)(3)
- July 1, 2026: Virginia HB24 (reciprocity overhaul) and SB749 (10-round magazine limit) take effect
- July 7, 2026: Comment deadline — ATF proposed Form 4473 overhaul
Sources
- cnbc.com — SCOTUS Rules on Drug Users and Gun Ownership
- supremecourt.gov — Opinion, United States v. Hemani
- federalregister.gov — Proposed Revision to Form 4473
- coriolisagency.com — ATF eZ Check and 2026 Rule Changes
- protectwithbear.com — Virginia Gun Laws 2026
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