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Fifth Circuit Takes Up Curtis Squire Appeal That Could Reshape Federal Gun Laws
The Fifth Circuit Court of Appeals granted a request on July 20 to hear an en banc appeal of a panel’s June 2 ruling that upheld the conviction of Curtis Squire, a felon convicted of possessing a firearm. If the court rules in Squire’s favor, the decision could dramatically narrow the reach of federal gun‑possession statutes by invoking the Commerce Clause. The appeal follows a recent concurring opinion by Supreme Court Justice Clarence Thomas in Hemani v. United States, which suggested that some federal firearms‑possession laws may exceed Congress’s authority. Legal analysts note that the case echoes the Supreme Court’s earlier Lopez decision, which limited federal regulation of gun possession, and a dissent by Circuit Judge Stephen Higginson warned of broad repercussions. The litigation is drawing attention from the Solicitor General’s office, state attorneys general and national criminal‑defense groups.
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Clarence Thomas · Curtis Squire · Fifth Circuit Court of Appeals · Stephen Halbrook · United States Supreme Court