Federal Court Upholds Firearm Ban for Convicted Drug Dealers

Posted in 2nd Amendment on June 12, 2026

In U.S. v. Squire, the Fifth Circuit Court of Appeals upheld the constitutionality of 18 U.S.C. § 922(g)(1), the law that prohibits people convicted of crimes “punishable by more than one year in prison” from possessing firearms. Squire argued that the law was unconstitutional because it inhibited his 2^nd Amendment right to have a firearm in his home for self-defense purposes.  The Court disagreed.

 Background of the Case

Squire had been convicted of various felony offenses, include Possession With Intent to Deliver. Those convictions triggered the Federal firearm prohibition law at 18 U.S.C. § 922(g)(1). The law is very straight forward, meaning anyone with a felony conviction cannot possess a firearm. No exceptions.

Squire basically argued that there should be an exception that would allow him to possess a firearm in his home for self-defense purposes. He relied on the U.S. Supreme Court’s decision in District of Columbia v. Heller (U.S. 2008), and argued that the historical “castle doctrine” noted a longstanding recognition of self-defense within one’s home as the core of the Second Amendment. He contended that there was no historical tradition supporting the permanent disarmament of individuals inside their homes.

The Supreme Court’s Bruen Framework

The Fifth Circuit analyzed the case using the framework established by the United States Supreme Court in New York State Rifle & Pistol Association v. Bruen (U.S. 2022). The Fifth Circuit noted that governments have long disarmed groups considered dangerous to public safety, and the Court further noted that drug trafficking convictions are inherently dangerous.

The Court emphasized that its ruling was limited to a review of a person convicted of drug offenses, so the Court was not deciding that nonviolent felony offenses may be used to prohibit the possession of firearms. Other Federal Courts have ruled that § 922(g)(1) violates a person’s 2^nd Amendment right for old, nonviolent convictions.

What This Means

The decision upholds the constitutionality of § 922(g)(1) when applied to prohibit convicted felony drug dealers from possessing firearms anywhere, even in the home. Such people must obtain a pardon to have the convictions set aside and thereby restore their right to possess a firearm. As federal courts continue to address as-applied challenges to 18 U.S.C. § 922(g)(1), the distinction between dangerous and non-dangerous offenses will likely remain a critical issue in Second Amendment litigation.