5th Circuit to Rehear Key Federal Felon Firearm Cases En Banc
The 5th Circuit granted en banc rehearing in United States v. Squire and United States v. Luna challenging felon gun bans.
Why it matters: Why it matters: Legal professionals must track these rehearings as they may redefine federal firearm prohibitions for felons, affecting litigation and compliance across Texas, Louisiana, and Mississippi.
- The 5th Circuit en banc rehearing of United States v. Squire is scheduled for January 2027, examining Commerce Clause authority under 18 U.S.C. § 922(g)(1).
- In United States v. Luna, the court reviews Second Amendment issues related to nonviolent felons' firearm possession under § 922(g)(1).
- Justice Clarence Thomas questioned § 922(g)(1)'s constitutionality under the Commerce Clause in his 2023 Supreme Court concurrence in United States v. Hemani.
- These rehearings signal increased judicial scrutiny of federal felon firearm regulations post recent Supreme Court rulings.
The United States Court of Appeals for the Fifth Circuit will rehear two important federal felon firearm possession cases en banc, meaning all active judges on the court will reconsider the decisions collectively.
In United States v. Squire (25-40272), the court will reassess whether Congress had proper authority under the Commerce Clause (which allows federal regulation of interstate commerce) when it criminalized possession of firearms by felons based only on prior interstate gun travel. The en banc rehearing is set for January 2027.
United States v. Luna (25-40247) involves a nonviolent felon whose indictment under 18 U.S.C. § 922(g)(1) was initially dismissed due to Second Amendment concerns. The en banc Fifth Circuit will examine whether nonviolent felons retain some constitutional right to firearm possession.
These developments come in the context of growing judicial scrutiny of federal gun laws following recent U.S. Supreme Court rulings, such as New York State Rifle & Pistol Association v. Bruen (2022), which refined constitutional standards governing firearms.
In 2023, Justice Clarence Thomas, in his concurrence in United States v. Hemani, expressed skepticism of Section 922(g)(1)'s constitutional basis under the Commerce Clause, troubling a pillar of federal felon firearm regulation.
The Fifth Circuit covers Texas, Louisiana, and Mississippi, where its decisions have wide-reaching influence over firearm enforcement and legal strategy. These cases may thus establish new precedents that shape both prosecution and defendants' rights in this jurisdiction.
By the numbers:
- January 2027 — Scheduled en banc rehearing of United States v. Squire
- 18 U.S.C. § 922(g)(1) — Federal statute prohibiting firearm possession by felons
- 2023 — Justice Thomas's concurrence in United States v. Hemani questioning § 922(g)(1)
Yes, but: While the en banc rehearings present potential for significant constitutional reinterpretation, ultimate outcomes remain uncertain as appellate courts often affirm existing precedent. Further, Supreme Court review could override the Fifth Circuit's rulings.
What's next: The en banc hearings for United States v. Squire and United States v. Luna are scheduled for January 2027; legal professionals should monitor related filings and opinions for evolving firearm law standards.