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United States v. Ali Danial Hemani

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 24-40137 · judgment January 31, 2025


Decided · June 18, 2026
Pre-decision estimate: 26% cert probability (95% interval 19%–34%)

Before the decision, about 6.2× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Fifth Circuit decision below.

Question presented

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.

Counsel of record

For petitioner
D. John Sauer
Solicitor General

For respondent
Naz Pasha Ahmad
CLEAR project

Case

Conference history
Distributed for 3 conferences

Amicus briefs
23 merits
(8 supporting pet./neither, 15 respondent)

Linked docket
24A1012

Argument & decision

Argued March 2, 2026 — Sarah M. Harris · Erin E. Murphy. Audio and transcript

Decided June 18, 2026. Opinion by Gorsuch.

Proceedings

  1. Jul 20 2026
    Judgment Issued.
  2. Jun 18 2026
    Adjudged to be AFFIRMED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Sotomayor, Kavanaugh, Barrett, and Jackson, JJ., joined. Thomas, J., filed a concurring opinion. Jackson, J., filed a concurring opinion, in which Sotomayor, J., joined. Alito, J., filed an opinion concurring in the judgment, in which Kagan, J., joined.
  3. Apr 23 2026
    Letter of the Solicitor General filed. (Distributed)
  4. Mar 02 2026
    Argued. For petitioner: Sarah M. Harris, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Erin E. Murphy, Alexandria, Va.
  5. Feb 19 2026
    Reply of petitioner United States filed. (Distributed)
  6. Jan 30 2026
    Brief amici curiae of Association of New Jersey Rifle & Pistol Clubs, Inc., et al. filed. (Distributed)
  7. Jan 30 2026
    Brief amicus curiae of National Association for Gun Rights filed. (Distributed)
  8. Jan 30 2026
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
  9. Jan 30 2026
    Brief amicus curiae of Center for Human Liberty filed. (Distributed)
  10. Jan 30 2026
    Brief amici curiae of Cato Institute, et al. filed. (Distributed)
  11. Jan 30 2026
    Brief amici curiae of National Rifle Association of America, et al. filed. (Distributed)
  12. Jan 30 2026
    Brief amicus curiae of Firearms Policy Coalition filed. (Distributed)
  13. Jan 30 2026
    Brief amicus curiae of William R. Weinstein filed. (Distributed)
  14. Jan 30 2026
    Brief amicus curiae of National Organization for the Reform of Marijuana Laws (NORML) filed. (Distributed)
  15. Jan 30 2026
    Brief amicus curiae of New York State Rifle & Pistol Association, Inc. filed. (Distributed)
  16. Jan 30 2026
    Brief amici curiae of Gun Owners of America, et al. filed. (Distributed)
  17. Jan 29 2026
    Brief amici curiae of Second Amendment Foundation, et al. filed. (Distributed)
  18. Jan 29 2026
    Brief amicus curiae of Drug Policy Alliance filed. (Distributed)
  19. Jan 27 2026
    Brief amicus curiae of Liberty Justice Center filed. (Distributed)
  20. Jan 24 2026
    Brief amicus curiae of Corey J. Biazzo filed. (Distributed)
  21. Jan 23 2026
    Brief of respondent Ali Danial Hemani filed. (Distributed)
  22. Jan 21 2026
    CIRCULATED
  23. Jan 16 2026
    Record received electronically from the United States District Court for the Eastern District of Texas and available with the Clerk.
  24. Jan 15 2026
    Brief amicus curiae of Professor Joel S. Johnson filed.
  25. Jan 13 2026
    Motion to extend the time to file respondent's brief on the merits is extended to and including January 23, 2026.
  26. Jan 09 2026
    Motion for an extension of time to file respondent's brief on the merits filed.
  27. Jan 08 2026
    Record requested from the United States Court of Appeals for the Fifth Circuit.
  28. Jan 08 2026
    Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
  29. Jan 02 2026
    SET FOR ARGUMENT on Monday, March 2, 2026.
  30. Dec 19 2025
    Brief amicus curiae of Global Action on Gun Violence filed.
  31. Dec 19 2025
    Brief amici curiae of Illinois, et al. filed.
  32. Dec 19 2025
    Brief amici curiae of Second Amendment Law Scholars filed.
  33. Dec 19 2025
    Brief amicus curiae of Everytown For Gun Safety filed.
  34. Dec 19 2025
    Brief amici curiae of History and Law Professors filed.
  35. Dec 19 2025
    Brief amici curiae of Brady Center to Prevent Gun Violence, et al. filed.
  36. Dec 15 2025
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  37. Dec 15 2025
    Brief amici curiae of Smart Approaches to Marijuana, et al. filed.
  38. Dec 12 2025
    Brief of petitioner United States filed.
  39. Dec 01 2025
    Motion to dispense with printing the joint appendix filed by petitioner the United States.
  40. 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.
  41. Oct 23 2025
    Motion for an extension of time to file the briefs on the merits filed.
  42. Oct 20 2025
    Petition GRANTED.
  43. Oct 14 2025
    DISTRIBUTED for Conference of 10/17/2025.
  44. Sep 24 2025
    DISTRIBUTED for Conference of 10/10/2025.
  45. Aug 15 2025
    Rescheduled.
  46. Aug 06 2025
    DISTRIBUTED for Conference of 9/29/2025.
  47. Aug 05 2025
    Reply of petitioner United States filed.
  48. Jul 21 2025
    Brief of respondent Ali Danial Hemani in opposition filed.
  49. 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.
  50. Jun 09 2025
    Motion to extend the time to file a response from July 7, 2025 to July 21, 2025, submitted to The Clerk.
  51. Jun 02 2025
    Petition for a writ of certiorari filed. (Response due July 7, 2025)
  52. Apr 21 2025
    Application (24A1012) granted by Justice Alito extending the time to file until June 2, 2025.
  53. 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.