Oct. 20 (UPI) -- The U.S. Supreme Court indicated Monday it will decide if banning drug users from owning guns is unconstitutional.

The case, appealed by the Department of Justice, is about the same law that Hunter Biden, former President Joe Biden's son, was convicted under. Another person convicted under the law, Ali Danial Hemani, successfully appealed his case after he was charged with a felony for having a gun in his home and admitting to law enforcement officials he regularly smoked marijuana.

Now the Department of Justice wants the Supreme Court to decide.

Hemani's lawyers argued that prosecutors hadn't said their client was under the influence when the gun was found. A search warrant of his home found marijuana and cocaine. The appeals court said the law ran afoul of the 2nd Amendment.

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