ATTORNEY GENERAL RAOUL LEADS BIPARTISAN COALITION URGING SUPREME COURT TO UPHOLD FEDERAL LAW RESTRICTING FIREARMS FROM HABITUAL DRUG USERS

ATTORNEY GENERAL RAOUL LEADS BIPARTISAN COALITION URGING SUPREME COURT TO UPHOLD FEDERAL LAW RESTRICTING FIREARMS FROM HABITUAL DRUG USERS

December 19, 2025

Chicago - Attorney General Kwame Raoul today led a bipartisan coalition of 20 attorneys general in filing an amicus brief urging the U.S. Supreme Court to uphold a federal law prohibiting firearms possession by habitual drug users. The Supreme Court's review follows the U.S. Court of Appeals for the 5th Circuit's decision in United States v. Hemani, which held that the law could prohibit firearms possession by a habitual drug user only when that user is intoxicated at the time of arrest.

The brief explains that while states have come to different conclusions about how to regulate firearms, they agree the Second Amendment allows restrictions on firearm possession and carriage by habitual drug users. Raoul and the coalition argue the appellate court's decision limits the category of individuals who may be prohibited from possessing firearms.

"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 the brief, Raoul and the attorneys general argue public safety is at risk not only while a habitual drug user is intoxicated. Instead, they explain, consistent drug use can cause individuals to experience chronic psychological disturbances that can affect their conduct, decision making, ability to safely handle firearms, and can expose them to unsafe environments to obtain drugs. Raoul and the attorneys general note that, recognizing such dangers, the vast majority of state legislatures have imposed firearm restrictions on habitual drug users.

The bipartisan coalition also explains that the lower court's erroneous interpretation of the Second Amendment restricts states from making appropriate and reasonable determinations about who is likely to misuse firearms. On the contrary, Raoul and the attorneys general state the Second Amendment allows legislatures to consider shifting societal problems and to address them with new regulatory solutions.

The brief is the most recent step in Attorney General Raoul's work to address gun violence throughout Illinois and across the nation. The Attorney General's office created a state-of-the-art crime-gun tracing database for Illinois law enforcement called Crime Gun Connect. Raoul's office also collaborates with local law enforcement to combat gun trafficking and has used the office's jurisdiction to prosecute multi-county gun trafficking offenses. Additionally, the Attorney General's office works with law enforcement agencies and prosecutors to increase awareness of Illinois' red flag law and to address gaps in Illinois' firearms licensing system. The office also prosecutes individuals who lie on FOID card applications.

Attorney General Raoul has persistently advocated at the federal and state levels to strengthen regulation of 3D-printed guns and ghost guns. Illinois law now prohibits ghost guns, but the office continues to fight in federal court to help defend a rule closing the federal loophole. Meanwhile, the Attorney General's office also defends cases pending in courts across the state challenging Illinois' regulations of firearms. Nationally, Attorney General Raoul successfully filed and resolved a lawsuit to get the federal firearm license of an unscrupulous arms manufacturer revoked.

In addition to supporting law enforcement efforts to keep communities safe from gun violence, the Attorney General's office supports victims' service providers around Illinois that offer trauma-informed services for crime victims and their families. Raoul's Violence Prevention and Crime Victim Services Division administers a host of programs and services to assist survivors of violent crime. More information is available on the Attorney General's website.

Joining Raoul in filing the amicus brief are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Ohio, Oregon, Rhode Island Vermont and Washington.