Supreme Court Issues Landmark Rulings Expanding Gun Rights for Concealed Carry Holders and Drug Users

A court drawn along ideological lines — and one unanimous surprise

The Supreme Court handed down two major Second Amendment decisions this week, deepening its expansion of gun rights nationwide. The first, Wolford v. Lopez, was a 6-3 ruling striking down a Hawaii law that required concealed-carry permit holders to obtain explicit permission before bringing a firearm onto private property.theconversation The second, United States v. Hemani, was a surprising 9-0 ruling barring the federal government from stripping gun rights from casual marijuana users.nbcnews

Hawaii's carry restrictions struck down — and California's too

In Wolford v. Lopez, Hawaii had required property owners to affirmatively post a "Guns Allowed" sign rather than simply allowing concealed carry by default — effectively banning firearms from almost every gas station, coffee shop, grocery store and laundromat in the state.sfchronicle Writing for the majority, Justice Samuel Alito said the regime "hobbles what the Second Amendment protects: the right of Americans to carry arms for self-defense as they go about their daily lives."sfchronicle The ruling also immediately nullifies nearly identical laws in California, Maryland, New Jersey and New York.sfchronicle Justice Ketanji Brown Jackson, dissenting with the two other liberal justices, argued the majority's objective was "protecting guns, not consistently preserving any principle of law."sfchronicle

Nine justices agree: casual marijuana use cannot strip gun rights

Ali Danial Hemani, a Texas man who admitted to using marijuana about every other day, was found with a Glock 19 and marijuana during a 2022 FBI search of his home and charged under a federal law making it a felony — punishable by up to 15 years — for any "unlawful user of or addicted to any controlled substance" to possess a firearm.nbcnews +1 The same law was used to convict Hunter Biden in 2024.nbcnews

Writing for a unanimous court, Justice Neil Gorsuch rejected the government's analogy to early American "habitual drunkard" laws, explaining those applied only to people "practically incapacitated and incapable of managing their affairs."scotusblog Gorsuch also cited the government's own recent reclassification of marijuana from Schedule 1 to Schedule 3, noting surveys suggest more American adults now regularly use marijuana than consume alcohol.theconversation The ruling is narrow: it does not address gun bans for addicts or for users shown to be individually dangerous.nbcnews

Ripple effects for gun laws and federal guidance

Together, the decisions cement the Bruen historical-tradition framework as the primary test for Second Amendment restrictions.theconversation The ATF said it will issue updated guidance "soon" on gun purchases by marijuana users in the wake of Hemani.marijuanamoment For states with sensitive-place bans — parks, transit, hospitals — the Hawaii ruling makes clear that regulations cannot make lawful carry practically unworkable, even without an explicit prohibition.sfchronicle Gun-control advocates say businesses across multiple states will need to proactively post "No Guns" signs to keep firearms off their premises.sfchronicle