Status-Based Disarmament

Definition

A categorical prohibition on firearms possession based on a person's status or identity — such as being a felon, a drug user, or having a mental illness — rather than on specific dangerous conduct. Many of the § 922(g) prohibitions are status-based, and their constitutionality under the Bruen test is a central issue in this litigation.

Examples

• •Hemani argues that permanently disarming all marijuana users based on their status as drug users, without any individual finding of dangerousness, lacks historical support.

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