The Second Amendment and the Disarmament of Dangerous Felons

This case from the Fifth Circuit Court of Appeals addresses whether a convicted drug trafficker can be constitutionally barred from possessing a firearm within his own home. The defendant, Curtis Squire, argued that the Second Amendment and the "castle doctrine" protect a person’s right to keep arms for self-defense in their residence regardless of their criminal status. However, the court utilized the historical tradition framework established by the Supreme Court to determine that the government may disarm individuals deemed dangerous. By comparing drug trafficking to historical precedents involving the disarmament of political dissidents and other groups perceived as threats to public safety, the court found the restriction justified. Consequently, the court affirmed Squire’s conviction, ruling that the government’s power to disarm dangerous felons extends even into the private home.