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A Fifth Circuit Case Could Jeopardize the Feds’ Commerce Clause Grip on Guns

Talyn

Emissary
Founding Member
SCOTUS has agreed to rehear United States v. Squire en banc, reopening a major fight over whether Congress can use the Commerce Clause to criminalize firearm possession simply because a gun or ammunition once moved in interstate commerce.

https://www.theoutdoorwire.com/features/2026/08/headline/

The Feds’ Favorite Gun Control Trick

The government’s theory is simple. If a firearm was made in another state, Washington, D.C. claims it can regulate possession of that gun forever. No sale required. No shipment required. No trafficking required. No actual interstate commerce required. Just possession.

Washington stretches the Commerce Clause until almost every firearm, every round of ammunition, every private sale, and every local possession case can be dragged into federal court. The Second Amendment gets treated like a privilege. The Tenth Amendment gets ignored. And the ATF gets another excuse to stick its nose into the lives of gun owners.

Under that theory, a gun sitting in a home in Texas can become a federal case because it was manufactured somewhere else, possibly years earlier. Texas Gun Rights sees this for what it is: a federal police power dressed up in Commerce Clause language.

The Fifth Circuit’s rehearing order even drew a warning from Judge Stephen Higginson that the court had “welcomed the possibility” of holding that Congress’ Commerce Clause power can't support § 922(g).
 
Hi,

Can this really invalidate the 2nd Amendment? Or is it just a pipedream of the gun control crowd?


Thank you for your indulgence,

BassCliff

It's all about interstate commerce so the govt to date has used it to come up with m ore regs.

A few years ago my state tried to say that firearms made here & stayed here weren't under the Commerce Clause but the courts slapped that down.

But it may come up again.
 
Pipe dream:
- a politician has to publish the regulations they have to vote on for their district coming up for a vote. Local and federal. House and senate.
- every district has a quorum based on population from census
- if the citizens that respond to the politician to vote yay or nay on said regulation up for vote exceeds quorum, the politician must vote that majority opinion.
- if no quorum number is met, only then can the politician vote the way they want to vote


Like I said, never happen. Pipe dream
 
Pipe dream:
- a politician has to publish the regulations they have to vote on for their district coming up for a vote. Local and federal. House and senate.
- every district has a quorum based on population from census
- if the citizens that respond to the politician to vote yay or nay on said regulation up for vote exceeds quorum, the politician must vote that majority opinion.
- if no quorum number is met, only then can the politician vote the way they want to vote


Like I said, never happen. Pipe dream
Never say never……
 
Could SCOTUS separate regulating interstate commerce from criminal enforcement of products obtained or consumed from that commerce. I believe the original object of the commerce clause was to prevent state tariffs and such. It has morphed by federalism into a much greater power not originally intended.
 
This issue has...

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...to do with the Current Administration.
 
Don’t kid yourself. The left’s goal is, has been, and remains the elimination of ALL firearms from the general populace. Those pesky gun owners tend to be problematic in establishing a dictatorship (you know, actual resistance to tyranny). It’s just so much easier if they’re disarmed first….
 
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