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Reason
Reason
Jacob Sullum

How a Street Brawl Led to a 5th Circuit Case That Casts Doubt on the Constitutionality of Many Federal Laws

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. Two weeks later, police announced that they had arrested three people in connection with that incident, including Curtis Squire, who was charged with attempted second-degree murder.

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. But Squire, who had previously been convicted of heroin distribution, still faced a federal charge under 18 USC 922(g)(1), which criminalizes gun possession by people with felony records. After Squire pleaded guilty to that charge while reserving his right to appeal, he was sentenced to more than four years in federal prison.

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