Fifth Circuit to Consider Whether Commerce Clause Allows Feds to Control Firearms

Momentum is a thing, as any ardent sports fan will confirm. As for Second Amendment rights, there is no denying that courts recently have examined new firearm-related laws and rulings and reexamined old ones to measure them against the U.S. Constitution. On Monday, the New Orleans-based Fifth Circuit Court of Appeals decided to hear arguments […]

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Momentum is a thing, as any ardent sports fan will confirm. As for Second Amendment rights, there is no denying that courts recently have examined new firearm-related laws and rulings and reexamined old ones to measure them against the U.S. Constitution.

On Monday, the New Orleans-based Fifth Circuit Court of Appeals decided to hear arguments in United States v. Squire once again.

The full court will reconsider the government’s case against Curtis Squire, a convicted felon who was arrested after authorities found a pistol in his Louisiana home. In June, a Fifth Circuit panel dismissed the challenge against his conviction.

Appeals court to hear arguments over federal power to regulate firearms

That was then. Now the court will delve into the defendant’s rights, not related to the Second Amendment but rather to the Commerce Clause.

Squire argues that he did not transport the weapon over state lines, which normally triggers federal oversight. On that basis, he believes Congress lacked the authority to regulate simple gun possession if it is not part of interstate commerce.

Why the change? U.S. Supreme Court Justice Clarence Thomas recently urged lower courts to reexamine whether Congress’ constitutional powers justify federal statutes governing gun possession.

Critics warn of enormous power shift if federal authority over firearms is rejected

It is important to note that Squire is hardly the ideal candidate to spearhead such change. His convictions for heroin trafficking and burglary do not scream that he’s the shining example to tear down much of the federal government’s authority over the right to keep and bear arms.

However, the defendant in Hemani, the June high court ruling negating automatic erasure of gun rights due to cannabis consumption, was also seriously flawed.

Despite this, the Supreme Court unanimously ruled in his favor.

Some jurists already warn that there may be serious collateral damage to federal power if the Fifth Circuit rejects Congress’ legislative authority to regulate firearms that are involved in interstate commerce.

Whatever the federal court decides, it’s easy to see SCOTUS stepping in. Stay tuned.

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