United States v. Hemani
146 S. Ct. 1677 (2026)
The Supreme Court affirmed the judgment in Hemani’s favor. Justice Gorsuch concluded that the government’s prosecution of Hemani under § 922(g)(3)’s unlawful-user provision was inconsistent with the Second Amendment as applied to him. Importantly, however, the Court did not find § 922(g)(3) unconstitutional in every possible application. The distinction between declaring a law unconstitutional and declaring its application to a particular person unconstitutional is important to understanding Hemani.
Orion Musial, Case Summary: United States v. Hemani, 2 Clem. L. Rev. Online 5 (2026).
Orion Musial, Case Summary: United States v. Hemani, 2 Clem. L. Rev. Online 5 (2026).