Keep and Bear Arms
Home Members Login/Join About Us News/Editorials Archives Take Action Your Voice Web Services Free Email
You are 1 of 629 active visitors Saturday, November 23, 2024
EMAIL NEWS
Main Email List:
Subscribe
Unsubscribe

State Email Lists:
Click Here
SUPPORT KABA
» Join/Renew Online
» Join/Renew by Mail
» Make a Donation
» Magazine Subscriptions
» KABA Memorial Fund
» Advertise Here
» Use KABA Free Email

» JOIN/Renew NOW! «
 
SUPPORT OUR SUPPORTERS

 

YOUR VOTE COUNTS

Keep and Bear Arms - Vote In Our Polls
Do you oppose Biden's anti-gun executive orders?
Yes
No
Undecided

Current results
Earlier poll results
4781 people voted

 

SPONSORED LINKS

 
» U.S. Gun Laws
» AmeriPAC
» NoInternetTax
» Gun Show On The Net
» 2nd Amendment Show
» SEMPER FIrearms
» Colt Collectors Assoc.
» Personal Defense Solutions

 

 


News & Editorials
Search:
 
 

Circuit Court Asks Great Questions
Emerson case looking good for Second Amendment
reprinted from the Knox Report
http://www.NealKnox.com

5:30 p.m. June 13 Neal Knox Report

"The Court really beat up on the government" Linda Thomas of Houston ecstatically told me a few minutes ago.

She was on a cell phone, standing on the steps of Fifth Circuit Court of Appeals in New Orleans. A three-judge panel had just heard oral argument in the Emerson case, in which Lubbock, Texas, Federal Judge Sam Cummings struck down part of the 1996 Lautenberg Amendment prohibiting persons under a restraining order from possessing firearms.

The government prosecutor said the Second Amendment only applied to arms issued to militia members, in Dr. Timothy Emerson's case either the Texas National Guard or Texas State Guard. Judge Harold R. DeMoss, Jr., a George Bush appointee, told him he was misreading the 1939 Miller case.

The court held in Miller that there had been no evidence that Miller's sawed-off shotgun was a militia-type arm. Nothing was said about the gun having to have been issued.

Judge DeMoss asked the prosecutor if Dr. Emerson's Beretta 92 9mm pistol isn't the type used by armies. Of course, it's the standard U.S. sidearm.

Judge DeMoss also raised a critical question that addresses the Tenth Amendment. "I have a 12 gauge and 16 gauge shotgun, and a .30 caliber deer rifle in my closet at home. Can you tell me how those affect interstate commerce."

All Federal gun laws are based on the power of the Congress to regulate interstate commerce. The present Supreme Court has struck down several laws in a series of narrow decisions based on the Tenth Amendment's stipulation that powers not specifically delegated to Congress "are reserved to the states and the people, respectively."

Judge Robert M. Parker, appointed by President Carter, and to the appellate court by President Clinton, told the government: "I don't want you to lose any sleep over this, but Judge Garwood (the senior judge) and I between us have enough guns to start a revolution in most South American countries."

Linda, a gun rights activist who has just finished law school and is preparing for the bar exam, said the folks on our side of the aisle "are all smiles."

Unlike most firearms-related court cases, there was no reluctance to discuss the Second Amendment, and, Linda said, the judges had done their homework. "It was like sitting in on a Gun Rights Policy Conference legal seminar."

One thing about it, Timothy Emerson's case is going to have a full and fair hearing. And so will the Second Amendment.

If the Fifth Circuit concurs with the trial judge that the Second Amendment protects gun ownership as an individual right -- which now seems quite possible -- there would be a conflict between the circuit courts, almost guaranteeing a Supreme Court hearing after the next election.

That's just one more reason to make certain that Al Gore isn't in a position to appoint Supreme Court justices.

Print This Page
Mail To A Friend
 QUOTES TO REMEMBER
Arms are the only true badges of liberty. The possession of arms is the distinction of a free man from a slave. — Andrew Fletcher 1698

COPYRIGHT POLICY: The posting of copyrighted articles and other content, in whole or in part, is not allowed here. We have made an effort to educate our users about this policy and we are extremely serious about this. Users who are caught violating this rule will be warned and/or banned.
If you are the owner of content that you believe has been posted on this site without your permission, please contact our webmaster by following this link. Please include with your message: (1) the particulars of the infringement, including a description of the content, (2) a link to that content here and (3) information concerning where the content in question was originally posted/published. We will address your complaint as quickly as possible. Thank you.

 
NOTICE:  The information contained in this site is not to be considered as legal advice. In no way are Keep And Bear Arms .com or any of its agents responsible for the actions of our members or site visitors. Also, because this web site is a Free Speech Zone, opinions, ideas, beliefs, suggestions, practices and concepts throughout this site may or may not represent those of Keep And Bear Arms .com. All rights reserved. Articles that are original to this site may be redistributed provided they are left intact and a link to http://www.KeepAndBearArms.com is given. Click here for Contact Information for representatives of KeepAndBearArms.com.

Thawte.com is the leading provider of Public Key Infrastructure (PKI) and digital certificate solutions used by enterprises, Web sites, and consumers to conduct secure communications and transactions over the Internet and private networks.

KeepAndBearArms.com, Inc. © 1999-2024, All Rights Reserved. Privacy Policy