Clemson Law Review

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Laws cited › United States Code

18 U.S.C. § 922

Unlawful acts

Title 18, Crimes and Criminal Procedure · Chapter 44

Pieces citing this

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.

By Orion Musial

§ 922(g)(3)

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