Bloomberg Law Weekend Law: Trump, Pardons, Warrants & Guns
Oct 25, 2025
Andrew Willinger, a Second Amendment expert, discusses critical federal gun-possession laws and the evolving landscape of state restrictions after recent court rulings. Robert Mintz, a former federal prosecutor, highlights the complexities of the emergency-aid exception to warrant requirements, shedding light on ongoing Supreme Court deliberations. Tom Schoenberg reveals the surprising impact of presidential pardons on banking access, detailing how criminal histories complicate financial relationships.
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Contested Gun Ban For Drug Users
- 922(g)(3) bans firearm possession by unlawful drug users or addicts and is now before the Supreme Court in the Hamani case.
- The Fifth Circuit limits application to contemporaneous drug use while the government argues for broader as-applied validity.
History Is Central Under Bruen
- Courts will wrestle with how closely historical regulations must match modern firearms restrictions under Bruen.
- Judges differ on the relevant time horizon, from founding-era laws up through Reconstruction and around 1900.
Contemporaneousness As A Defense
- Defendants press a contemporaneousness requirement: prohibition should apply when drug intoxication and gun possession coincide.
- Prosecutors often charge in egregious fact patterns rather than ordinary marijuana users.