How a Street Brawl Led to a 5th Circuit Case That Casts Doubt on the Constitutionality of Many Federal Laws

Reason · collected 2026-09-15 · by Jacob Sullum
Read the original at Reason ↗

Summary

A street brawl in New Orleans in February 2024 led to Curtis Squire being charged under federal law for possessing a firearm after a previous felony conviction, despite evidence suggesting the gun used was not his. Squire appealed this charge on constitutional grounds, arguing that Section 922(g)(1) of the U.S. Code, which criminalizes such possession, exceeds Congress's authority under the Commerce Clause. The case has broader implications, potentially challenging the constitutionality of many federal laws regulating intrastate commerce.
Written by the local model on 2026-09-15, using this article's own text rather than the other coverage of the same event.

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Claims extracted
72
claim-shaped sentences
Uncertain
8%
6 of 72 hedged
Leaning
Leans strongly right
of the writing, not the subject
Correction & hedging signals
92.4
corrections and hedging in what we collected; not a measure of accuracy
Outlets on this story
unclustered
not grouped into a story yet
Narrative spread
1
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Score +0.65 Confidence high 1 quote(s) discarded as not found in the article
Leaning score +0.65 for article 10307 (high confidence, 1 verified quote) · logged 2026-09-15

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Reason · 164 article(s) · 1 correction(s) detected
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2026-09-05
Lawyers' Responsibility for Hallucinations in Briefs That They Sign

Who wrote this

Jacob Sullum
11 article(s) here · 1 carrying a prediction
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🔮 If the 5th Circuit agrees with Squire on that point, Judge Stephen Higginson warned in July, when the appeals court agreed to rehear the case, it will "have massive import for federal law," undermining "much of the United States Code."
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🔮 "The founders would have been astonished at the claim that legislatures may ban arms in common use if those arms can also be used for military purposes," he writes.
🔮 The Institute for Justice has identified "well over 100" such incidents, which it notes "may be just the tip of the iceberg" given the reality of lax oversight and widespread data sharing.
🔮 Reps. Thomas Massie (R–Ky.) and Eric Burlison (R–Mo.) this week introduced the Flock-Off Act, a bill that would bar federal funding of automated license plate readers (ALPRs) except at the border or for toll enforcement.
🔮 During its next term, the Supreme Court will address the long-simmering question of whether "assault weapon" bans are consistent with the Second Amendment.
🔮 But as he could have discovered if he had bothered to investigate Castro's claims, the ICE officer's account was inconsistent with video and physical evidence.
🔮 The advisory, which describes the sort of information that criminals could glean from the back of your car, suggests you might be endangering yourself and your family with stickers that reveal potentially sensitive details about your life.
2026-08-31 · assertive framing · The Belated Backlash Against Flock Cameras
🔮 The case illustrates how the war on drugs invites police mendacity that may go undetected for years thanks to lax supervisors and credulous courts.
More on this subject from Jacob Sullum
All 11 articles by Jacob Sullum →

Topics

5th Circuit Congress FPC Section 922(g)(1) the 5th Circuit

Subjects

Squire PERSON · 9× Congress ORG · 3× FPC ORG · 2× the 5th Circuit ORG · 2× 5th Circuit ORG · 1× Curtis Squire PERSON · 1× Glock ORG · 1× New Orleans GPE · 1× Stephen Higginson PERSON · 1× the U.S. Court of Appeals ORG · 1×

Narrative

Nor do they "regulate and protect the instrumentalities of interstate commerce, or persons or things in interstate commerce," since they require "no showing that the possession in question poses any risk to interstate buying, selling, shipping, or transportation." Thomas also doubted that such gun bans are directed at "activities that substantially affect interstate commerce."
framing: assertive · carried by 1 article(s) · first seen 2026-09-15
🔮 If the 5th Circuit agrees with Squire on that point, Judge Stephen Higginson warned in July, when the appeals court agreed to rehear the case, it will "have massive import for federal law," undermining "much of the United States Code."

Claims (72 extracted, 6 hedged)

A 5th Circuit case that casts doubt on the constitutionality of many federal statutes began with a brawl in New Orleans on a Thursday afternoon in February 2024. asserted
that → cast → February
Police received a report about a shooting in the 3000 block of Law Street, where witnesses reported hearing dozens of gunshots during a fight that broke out near the Law Street Baptist Church. asserted
that → receive → Church
One of the bullets struck a woman's leg, and another woman was stabbed. asserted
woman → strike → leg
Two weeks later, police announced that they had arrested three people in connection with that incident, including Curtis Squire, who was charged with attempted second-degree murder. asserted
who → announce → murder
Local prosecutors dropped that charge after ballistic testing showed that the Glock pistol found in Squire's home did not match the gun fired during the melee on Law Street. asserted
pistol → drop → Street
But Squire, who had previously been convicted of heroin distribution, still faced a federal charge under 18 USC 922(g)(1), which criminalizes gun possession by people with felony records. asserted
which → convict → records
After Squire pleaded guilty to that charge while reserving his right to appeal, he was sentenced to more than four years in federal prison. asserted
he → plead → prison
Squire asked the U.S. Court of Appeals for the 5th Circuit to overturn his conviction, arguing that it violated the Second Amendment. asserted
it → ask → Amendment
After a three-judge panel rejected that argument last June, Squire asked the full court to reconsider his case, pressing a claim that goes far beyond the question of whether a drug trafficking conviction justifies stripping someone of his Second Amendment rights: Squire argues that Congress had no constitutional authority to enact Section 922(g)(1), which criminalizes purely intrastate, noncommercial conduct under the pretense of regulating interstate commerce. uncertain
which → reject → commerce
If the 5th Circuit agrees with Squire on that point, Judge Stephen Higginson warned in July, when the appeals court agreed to rehear the case, it will "have massive import for federal law," undermining "much of the United States Code." asserted
it → agree → Code
Although Higginson was alarmed by that possibility, it would be welcome news for critics who complain that the Commerce Clause has become an all-purpose license to legislate, in defiance of the principle that the federal government's powers are limited to those explicitly granted by the Constitution. asserted
powers → alarm → Constitution
The Firearms Policy Coalition (FPC) explains why in a brief supporting Squire's appeal that it filed this week. asserted
it → explain → that
At the Founding, the brief notes, commerce "had a limited and distinct meaning: It referred to 'trade,' in the sense of 'selling, buying, and bartering, as well as transporting for these purposes." asserted
It → note → purposes
Although modern Commerce Clause jurisprudence has strayed far from that original understanding, the FPC argues, it still cannot support the thin constitutional reed that supposedly justifies Section 922(g)(1). asserted
that → stray → Section
That provision, which Congress enacted as part of the Gun Control Act in 1968, applies to anyone who has been convicted of a crime punishable by more than a year of incarceration. asserted
who → enact → incarceration
The original version made it a felony for such an individual to "receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce." asserted
which → make → commerce
Also in 1968, Congress approved a similar provision as part of the Omnibus Crime Control and Safe Streets Act. asserted
Congress → approve → Act
That one covered anyone convicted of "a felony" who "receives, possesses, or transports" a firearm "in commerce or affecting commerce." asserted
who → cover → commerce
But in the 1977 case Scarborough v. United States, the Supreme Court said "proof that the possessed firearm previously traveled in interstate commerce is sufficient to satisfy the statutorily required nexus between the possession of a firearm by a convicted felon and commerce." asserted
firearm → say → felon
As relevant to Squire's case, the Court was merely interpreting the statute. asserted
Court → interpret → statute
It did not pass judgment on whether the law was authorized by the Commerce Clause—a question that was not before it. asserted
that → pass → it
In 1986, the Firearms Owners' Protection Act eliminated the provision at issue in Scarborough and revised Section 922(g)(1). asserted
Act → eliminate → Section
The current version retains the original language about receiving a gun "shipped or transported in interstate or foreign commerce" but also covers firearm possession "in or affecting commerce." Squire was convicted under the latter prong. asserted
Squire → retain → prong
As is typically the case, the only evidence that he possessed a gun "in or affecting commerce" was that the weapon had at some point crossed state lines. asserted
weapon → possess → lines
As the FPC notes, establishing that element is rarely difficult: "The government has proffered testimony that 95% of all guns in the United States have crossed state lines." asserted
% → note → lines
In other words, the constitutional rationale for making a federal case out of the pistol found in Squire's living room is barely more demanding than requiring proof that the gun was made of metal. asserted
gun → make → metal
Can that possibly suffice to treat Section 922(g)(1) as an exercise of the power to regulate interstate commerce? uncertain
that → suffice → commerce
The FPC thinks not. asserted
FPC → think → ?
"Congress lacks the constitutional authority to ban the simple possession of a firearm by a felon," it says, citing two Supreme Court decisions that rejected Commerce Clause rationales for federal laws addressing violent crime. asserted
that → lack → crime
In the 1995 case United States v. Lopez, the Supreme Court ruled that Congress had exceeded its Commerce Clause authority when it passed the Gun-Free School Zones Act of 1990, which made it a felony to possess a firearm within 1,000 feet of a school. asserted
it → rule → school
"The Act neither regulates a commercial activity nor contains a requirement that the possession be connected in any way to interstate commerce," Chief Justice William Rehnquist noted in the majority opinion. asserted
Rehnquist → regulate → opinion
"If we were to accept the Government's arguments, we are hard pressed to posit any activity by an individual that Congress is without power to regulate." asserted
Congress → accept → power
Rehnquist also noted that the law "contains no jurisdictional element which would ensure, through case-by-case inquiry, that the firearm possession in question affects interstate commerce." asserted
possession → note → commerce
Concurring in Lopez, Justice Clarence Thomas agreed that Congress had clearly overstepped its authority. asserted
Congress → concur → authority
"The power to regulate 'commerce,'" he said, "can by no means encompass authority over mere gun possession, any more than it empowers the Federal Government to regulate marriage, littering, or cruelty to animals, throughout the 50 States." asserted
it → regulate → States
Congress responded to Lopez by amending the Gun-Free School Zones Act to specify that it applied only to "a firearm that has moved in or that otherwise affects interstate or foreign commerce." asserted
that → respond → commerce
Although federal appeals courts implausibly concluded that Congress had fixed the problem identified by Rehnquist, the Supreme Court has not revisited the law. asserted
Court → conclude → law
Five years after Lopez, the Supreme Court ruled that the Commerce Clause could not justify a provision of the Violence Against Women Act that established a federal cause of action for victims of gender-motivated violence. uncertain
that → rule → violence
"We can think of no better example of the police power, which the Founders denied the National Government and reposed in the States, than the suppression of violent crime and vindication of its victims," Rehnquist wrote in United States v. Morrison. asserted
Rehnquist → think → Morrison
The Court rejected "the argument that Congress may regulate noneconomic, violent criminal conduct based solely on that conduct's aggregate effect on interstate commerce. uncertain
Congress → reject → commerce
…and 32 more, not listed.
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