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United States v. Hemani

Docket No.24-1234
Op. Below5th Cir.
ArgumentMar 2, 2026

Issue

Whether 18 U.S.C. § 922(g)(3), the federal statute that prohibits the possession of firearms by a person who “is an unlawful user of or addicted to any controlled substance,” violates the Second Amendment as applied to respondent.

Proceedings & orders timeline

Apr 18, 2025
Application (24A1012) to extend the time to file a petition for a writ of certiorari from May 1, 2025 to June 2, 2025, submitted to Justice Alito.
Apr 21, 2025
Application (24A1012) granted by Justice Alito extending the time to file until June 2, 2025.
Jun 2, 2025
Petition for a writ of certiorari filed. (Response due July 7, 2025)
Jun 9, 2025
Motion to extend the time to file a response from July 7, 2025 to July 21, 2025, submitted to The Clerk.
Jun 11, 2025
Motion to extend the time to file a response is granted and the time is extended to and including July 21, 2025.
Jul 21, 2025
Brief of respondent Ali Danial Hemani in opposition filed.
Aug 5, 2025
Reply of petitioner United States filed.
Aug 6, 2025
DISTRIBUTED for Conference of 9/29/2025.
Aug 15, 2025
Rescheduled.
Sep 24, 2025
DISTRIBUTED for Conference of 10/10/2025.
Oct 14, 2025
DISTRIBUTED for Conference of 10/17/2025.
Oct 20, 2025
Petition GRANTED.
Oct 23, 2025
Motion for an extension of time to file the briefs on the merits filed.
Oct 31, 2025
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 12, 2025. The time to file respondent's brief on the merits is extended to and including January 20, 2026.
Dec 1, 2025
Motion to dispense with printing the joint appendix filed by petitioner the United States.
Dec 12, 2025
Brief of petitioner United States filed.
Dec 15, 2025
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Dec 15, 2025
Brief amici curiae of Smart Approaches to Marijuana, et al. filed.
Dec 19, 2025
Brief amicus curiae of Global Action on Gun Violence filed.
Dec 19, 2025
Brief amici curiae of Illinois, et al. filed.
Dec 19, 2025
Brief amici curiae of Second Amendment Law Scholars filed.
Dec 19, 2025
Brief amicus curiae of Everytown For Gun Safety filed.
Dec 19, 2025
Brief amici curiae of History and Law Professors filed.
Dec 19, 2025
Brief amici curiae of Brady Center to Prevent Gun Violence, et al. filed.
Jan 2, 2026
SET FOR ARGUMENT on Monday, March 2, 2026.
Jan 8, 2026
Record requested from the United States Court of Appeals for the Fifth Circuit.
Jan 8, 2026
Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
Jan 9, 2026
Motion for an extension of time to file respondent's brief on the merits filed.
Jan 13, 2026
Motion to extend the time to file respondent's brief on the merits is extended to and including January 23, 2026.
Jan 15, 2026
Brief amicus curiae of Professor Joel S. Johnson filed.
Jan 16, 2026
Record received electronically from the United States District Court for the Eastern District of Texas and available with the Clerk.
Jan 21, 2026
CIRCULATED
Jan 23, 2026
Brief of respondent Ali Danial Hemani filed. (Distributed)
Jan 24, 2026
Brief amicus curiae of Corey J. Biazzo filed. (Distributed)
Jan 27, 2026
Brief amicus curiae of Liberty Justice Center filed. (Distributed)
Jan 29, 2026
Brief amici curiae of Second Amendment Foundation, et al. filed. (Distributed)
Jan 29, 2026
Brief amicus curiae of Drug Policy Alliance filed. (Distributed)
Jan 30, 2026
Brief amici curiae of Association of New Jersey Rifle & Pistol Clubs, Inc., et al. filed. (Distributed)
Jan 30, 2026
Brief amicus curiae of National Association for Gun Rights filed. (Distributed)
Jan 30, 2026
Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Jan 30, 2026
Brief amicus curiae of Center for Human Liberty filed. (Distributed)
Jan 30, 2026
Brief amici curiae of Cato Institute, et al. filed. (Distributed)
Jan 30, 2026
Brief amici curiae of National Rifle Association of America, et al. filed. (Distributed)
Jan 30, 2026
Brief amicus curiae of Firearms Policy Coalition filed. (Distributed)
Jan 30, 2026
Brief amicus curiae of William R. Weinstein filed. (Distributed)
Jan 30, 2026
Brief amicus curiae of National Organization for the Reform of Marijuana Laws (NORML) filed. (Distributed)
Jan 30, 2026
Brief amicus curiae of New York State Rifle & Pistol Association, Inc. filed. (Distributed)
Jan 30, 2026
Brief amici curiae of Gun Owners of America, et al. filed. (Distributed)
Feb 19, 2026
Reply of petitioner United States filed. (Distributed)
Mar 2, 2026
Argued. For petitioner: Sarah M. Harris, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Erin E. Murphy, Alexandria, Va.

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