United States v. Hemani · ¶96

These similarities underscore the deficiency of the Government's analogues. To succeed, the Government would need to identify a regulatory principle that justified disarmament of persons who are relevantly similar to the occasional marijuana user. But whereas the Government's analogues allowed disarmament only of those whose extreme use of an intoxicant (alcohol) incapacitated them habitually, § 922(g)(3) as applied to respondent allows disarmament of those who do no more than “regularly us[e]” a similar intoxicant (marijuana) unlawfully.

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