Episode 206. Second Amendment vs. Federal Drug User Gun Ban: Stephen Halbrook Breaks It Down

Episode 206. Second Amendment vs. Federal Drug User Gun Ban: Stephen Halbrook Breaks It Down

May 5, 2026 · 26 min

About this episode

Stephen Halbrook joins Alex Ooley to discuss the implications of a Supreme Court case regarding the federal ban on firearm possession by unlawful users of controlled substances.

Show Notes Episode 206. Second Amendment vs. Federal Drug User Gun Ban: Stephen Halbrook Breaks It Down Constitutional scholar and Second Amendment expert, Stephen Halbrook, joins Alex Ooley for an in-depth discussion on a major pending Supreme Court case involving the federal ban on firearm possession by unlawful users of controlled substances—particularly marijuana users. They break down the United States v. Hemani case, historical analogues under Bruen , as-applied vs. facial challenges, and what this means for gun rights moving forward. The conversation also covers other key Second Amendment issues percolating in the courts, including public carry restrictions and “assault weapon”/magazine bans. Guest Stephen Halbrook – Renowned Second Amendment attorney, historian, and author. Key Topics & Timestamps 00:21 – Introduction and welcome back 01:26 – Overview of the federal statute (18 U.S.C. § 922(g)(3)) prohibiting “unlawful users” of controlled substances from possessing firearms 04:03 – Details of the US v. Hemani case: marijuana user, as-applied challenge, government’s attempt to muddy the waters 05:23 – New York State Rifle & Pistol Association v. Bruen framework…

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