Gun Owners of America (GOA) and Gun Owners Foundation (GOF) filed a federal lawsuit Wednesday seeking to throw out Pennsylvania’s lifetime carry ban for people with misdemeanor drug convictions.
The Supreme Court narrowed the applicability of 18 USC 922(g)(3) in a unanimous ruling issued June 18 in the case of Hemani v. United States. GOA and GOF cited the Hemani decision in their complaint filed in the United States District Court for the Western District of Pennsylvania.
“In United States v. Hemani, the Supreme Court recently explained that the federal drug-related ‘unlawful users’ prohibition, 18 U.S.C. § 922(g)(3), was unconstitutional as applied to that defendant who, like Plaintiff Craig Philips here, used marijuana at some point,” the complaint says.
BREAKING
GOF & @GunOwners just filed a federal lawsuit challenging Pennsylvania’s lifetime carry ban for peaceable citizens with minor drug misdemeanors.
Pennsylvania cannot permanently deny carry rights to otherwise eligible gun owners. pic.twitter.com/Cut48wtE1a
— Gun Owners Foundation (@GunFoundation) July 8, 2026
According to the complaint, Phillips was convicted of a “minor misdemeanor” involving marijuana possession in 1994 but maintained a clean record and passed federal and state background checks to purchase firearms on multiple occasions.
“In Hemani, the federal government attempted to demonstrate a historical tradition of disarming unlawful drug users by pointing to ‘habitual drunkard’ laws,’” GOA and GOF’s complaint continues. “However, the Court distinguished those ‘habitual drunkard laws’ on the basis that they did not target ‘those who simply drank regularly,’ because if they did, ‘many notable early Americans could have faced trouble.’”
GOA and GOF also noted that Phillips was charged with an offense that carried less jail time and a lower fine than some summary offenses that wouldn’t impact his ability to acquire a License to Carry Firearms (LTCF). GOA and GOF referenced the Hemani decision, in which the Supreme Court tossed a conviction under 18 USC 922(g)(3) on Second Amendment grounds.
“Because there was no evidence that Hemani’s usage of marijuana ‘ever made him a danger to himself or others,’ the Court held Hemani’s prosecution for firearm possession unconstitutional,” the complaint states.
Democratic Pennsylvania Gov. Josh Shapiro did not immediately respond to a request for comment from the Daily Caller News Foundation.
