USA v. Squire
Split Score
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Case Summary
Disposition
Affirmed
The Fifth Circuit considered whether 18 U.S.C. § 922(g)(1) could constitutionally bar Curtis Squire—a previously-convicted drug trafficker—from possessing a firearm in his own home under the post-Bruen historical-tradition test. Concluding that the Nation’s history and tradition support disarming persons convicted of inherently dangerous felonies such as drug trafficking, the court rejected Squire’s as-applied Second Amendment challenge and affirmed his conviction and sentence.
Circuit Split Identified
Legal Issue
Whether, after New York State Rifle & Pistol Ass’n v. Bruen, § 922(g)(1) remains constitutionally applicable to non-violent or home-based firearm possession by convicted felons.
Circuit Positions
§ 922(g)(1) is generally constitutional; disarmament of felons (including in-home possession) is consistent with historical tradition.
§ 922(g)(1) may be unconstitutional as applied to non-violent felons; individualized historical inquiry required.
Conflict Summary
Some circuits have upheld § 922(g)(1) in virtually all circumstances, reasoning that the historical tradition of disarming dangerous persons encompasses all felons, while other circuits have held the statute unconstitutional as applied to non-violent felons or have remanded for individualized historical analysis.