5th Circuit Holds Disarming for Meth Conviction Violates 2nd Amendment
By Stephen P. Halbrook
The Volokh Conspiracy
February 2, 2026
On January 27, in United States v. Hembree, the Fifth Circuit held that the federal felon firearm ban (18 USC 922(g)(1)) based on a conviction for simple possession of methamphetamine violates the Second Amendment. Coincidentally, on March 2 the Supreme Court will hear oral argument in another case that came from the Fifth Circuit, United States v. Hemani, which concerns whether the federal firearm ban by an unlawful user of drugs (18 USC 922(g)(3)) violates the Second Amendment.
“5th Circuit Holds Disarming for Meth Conviction Violates 2nd Amendment,” The Volokh Conspiracy, February 2, 2026.
