Attorney General Kwame Raoul has led a bipartisan group of 20 attorneys general in submitting an amicus brief to the U.S. Supreme Court, urging it to uphold a federal law that bars habitual drug users from possessing firearms. The action comes as the Supreme Court reviews a decision by the U.S. Court of Appeals for the 5th Circuit in United States v. Hemani, which found that such restrictions apply only when a habitual drug user is intoxicated at the time of arrest.
The coalition’s brief argues that while states have differing approaches to regulating firearms, there is consensus that the Second Amendment permits restricting gun possession by habitual drug users. The attorneys general contend that the appellate court’s interpretation narrows who can be legally barred from owning guns.
“I am urging the Supreme Court to reverse the appellate court’s decision because the mix of habitual drug use and firearms poses recognized public safety risks. Allowing habitual drug users to carry or use firearms significantly increases danger to our communities,” Raoul said. “I am proud to lead this bipartisan coalition, as we all agreed we need to work together to protect our states and communities from gun violence.”
In their filing, Raoul and his colleagues maintain that public safety concerns extend beyond periods when individuals are actively intoxicated. They state that ongoing drug use can cause psychological disturbances impacting behavior and judgment, making firearm possession riskier even outside periods of intoxication. Most state legislatures have responded by imposing similar restrictions on habitual drug users.
The attorneys general also assert that limiting states’ ability to regulate firearm possession undermines their capacity to address emerging societal challenges with appropriate laws. They argue that legislatures should retain flexibility under the Second Amendment to implement new regulatory measures as needed.
This initiative follows other steps taken by Attorney General Raoul’s office aimed at reducing gun violence in Illinois and nationally. These include creating Crime Gun Connect—a database for crime-gun tracing used by Illinois law enforcement—and working with agencies on issues like gun trafficking and enforcing red flag laws. The office also prosecutes cases involving false information on Firearm Owner’s Identification (FOID) card applications.
Raoul has advocated for stronger regulation of 3D-printed guns and ghost guns at both state and federal levels; Illinois now bans ghost guns, and his office continues litigation defending related federal rules. His efforts have also included actions against arms manufacturers operating unlawfully.
Beyond enforcement, Raoul’s office supports victims’ service providers throughout Illinois through its Violence Prevention and Crime Victim Services Division, which administers programs for survivors of violent crime.
Attorneys general from California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Ohio, Oregon, Rhode Island Vermont and Washington joined Raoul in filing the brief.