The full Fifth Circuit Court of Appeals has agreed to rehear a case that could significantly impact federal gun control laws, specifically challenging Congress's constitutional authority to prohibit convicted felons from possessing firearms. The decision in United States v. Squire comes weeks after Supreme Court Justice Clarence Thomas urged lower courts to scrutinize the foundation of such laws.
Squire, a convicted heroin trafficker, was charged under the federal statute after police found a handgun in his New Orleans home during a search. While his appeal initially focused on Second Amendment grounds, it has broadened to question whether Congress exceeded its authority under the Commerce Clause in enacting the law.
For decades, federal courts have upheld these gun possession laws by citing Congress's power to regulate interstate commerce, even if the firearm's connection to commerce was indirect. However, Justice Thomas, in a separate concurrence, argued that the Commerce Clause is intended to regulate the buying and selling of goods across state lines, not activities like gun possession that are "wholly separated from business."
Thomas suggested that allowing Congress to regulate possession based solely on a firearm's prior movement in interstate commerce could grant it a broad police power reserved for states. He called for a closer examination of the constitutionality of Section 922(g), the federal law in question, in an appropriate case.
The Fifth Circuit's decision to rehear Squire's case indicates that some judges believe the issue warrants reconsideration. The move, however, divided the court. Judge Stephen Higginson, in a dissenting opinion, warned that reframing the case could lead to a "new, severely contracted Commerce Clause era," potentially jeopardizing federal regulations on various items, including child pornography and explosive materials.
Legal experts note that the case has evolved beyond a Second Amendment dispute into a fundamental question about federal power. A ruling against the law could have far-reaching consequences, affecting millions of Americans, interstate regulations, and the balance of power between federal and state governments.
Squire was indicted despite his firearm not being linked to a shooting investigation and related state charges being dropped. Federal prosecutors pursued the case based on his extensive criminal history, which includes convictions for drug trafficking, firearm offenses, and burglary. He had argued that the statute violated the Second Amendment as applied to him, citing recent Supreme Court decisions that emphasize historical tradition in Second Amendment jurisprudence.
A previous three-judge panel of the Fifth Circuit had rejected Squire's Second Amendment argument in June, ruling that Congress could constitutionally prohibit individuals with certain criminal convictions from possessing firearms. That panel's decision, however, was narrow and did not address the rights of those convicted of less serious offenses.