Fifth Circuit Case Born From New Orleans Brawl Threatens Federal Statutes Including Cannabis Rules

A Street Fight That Reached the Fifth Circuit

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. 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.

One of the bullets struck a woman’s leg, and another woman was stabbed.

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.

The Federal Charge and the Appeal

After Squire pleaded guilty to that charge while reserving his right to appeal, he was sentenced to more than four years in federal prison. Squire asked the U.S. Court of Appeals for the 5th Circuit to overturn his conviction, arguing that it violated the Second Amendment.

After a three-judge panel rejected that argument last June, Squire asked the full court to reconsider his case.

A Challenge Aimed at the Commerce Clause

In pressing the full court to reconsider, Squire raises 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.

The case now awaits action by the full 5th Circuit.

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