The Shooting Wire

Monday, February 2, 2026  ■  Courts

Congress Can't Enact Sweeping Gun Prohibitions, Argues FPC in New Supreme Court Brief

Firearms Policy Coalition (FPC) filed an amicus brief with the Supreme Court in United States v. Hemani, which challenges the federal ban on gun possession by marijuana users. FPC's brief argues that the court does not need to decide the Second Amendment issue in this case because Congress lacks the Article I authority to enact the ban in the first place.

FPC is represented by Bradley Benbrook and Stephen Duvernay of Benbrook Law Group, PC.

The amicus brief was filed at Supreme Court in Washington, D.C., and the Court's decision in this case will apply throughout the country.

FPC's amicus brief was filed on January 30, 2026. Oral arguments in this case will take place at the Supreme Court on March 2nd, and the decision should be issued by the end of the court's term in June.

A decision in Ali Danial Hemani's favor could enable millions of peaceable people to exercise their Second Amendment rights. The full extent of the ruling will depend on the Supreme Court's reasoning.

Firearms Policy Coalition (FPC) is a nonprofit membership organization that exists to create a world of maximal individual liberty and eliminate unconstitutional gun control laws. FPC works—and wins—for the People through high-impact strategic litigation, groundbreaking research, legislative and regulatory advocacy, grassroots activism, education, and public engagement. FPC's legal division, FPC Law, is the nation's leading initiative dedicated to restoring the right to keep and bear arms across the United States. To learn more about how FPC is working—and winning—for the People, sign up for FPC news alerts at firearmspolicy.org and follow FPC on X, Instagram, and Facebook.