Defense Fund $$ Needed for
From Dave LaCourse
SAF Legal Affairs Director
November 6, 2001
Dear Second Amendment activist,
This is an urgent plea on behalf of the Second Amendment, Dr. Emerson
and all the gun owners in America.
The Fifth Circuit Emerson decision will be appealed. While the court
clearly and articulately held that the Second Amendment is an individual right,
Dr. Emerson is still facing federal felony charges because of an anti-gun rights
But to conduct a proper defense, Dr. Emerson's attorneys need funds
immediately. The Second Amendment Foundation is sending a check tomorrow for his
defense, but it is not for the full amount requested by his attorneys.
Attorneys David Guinn and Aaron Clements are great and care about the Second
Amendment and Dr. Emerson. They aren't trying to get rich, but they are
declining other clients in order to take this case and need adequate funding to
get the job done right.
This case is literally the most important Second Amendment case in over a
half century. And if we lose this appeal, then the gun grabbers will unleash the
mother-of-all gun control proposals. Without the fear of the Second Amendment,
their real agenda will be revealed once again -- gun bans!
Please help us today, as the appeal must be filed by November 13, 2001 and
funding for the appeal must begin right now.
The SAF Emerson Defense Fund is tax-deductible, and your contributions will
help your right to firearms ownership today, tomorrow and forever.
Please give $1000, $500 or $100, $50, $25 or whatever you can afford to this
crucial effort. This case is too important to lose for lack of funding.
I repeat, the entire Emerson decision upholding the Second Amendment as an
individual right is at risk in this appeal, which is why this defense fund
wasn't announced sooner. Whether we win or lose could rest on how much people
contribute to this worthy cause.
Please contribute on-line today via our secure server here:
Or, please call 425-454-7012 to make a donation over the phone during Pacific
Time Business Hours with your credit card, or send your check of money order
made out to SAF Emerson Defense to the following address:
SAF Emerson Defense
12500 NE 10th Place
Bellevue, WA 98005
Or, you can fax a credit card donation to 425-451-3959.
Please give today, as the rights you save may be your own.
SAF Legal Affairs Director
P.S. Please give today, as we must make sure that Dr. Emerson's attorneys
have the support they need. Please review the press release below for more
details. Thanks for your time.
For Immediate Release: Contact: Alan Gottlieb (425) 454-7012
November 6, 2001
BELLEVUE, WA - The Second Amendment Foundation has launched a defense fund to
assist Dr. Timothy Joe Emerson in these continuing appeals. The move is to help
preserve the stunning 5th Circuit Court of Appeals decision upholding the Second
Amendment to the U.S. Constitution as an individual right.
"The Emerson decision was a huge victory for all law-abiding gun owners
as we finally established in a very thorough and well-researched opinion that
the Second Amendment is an individual right," stated Alan Gottlieb, Founder
of the Second Amendment Foundation. "Now we must fight to preserve this win
in appeals and hopefully even build on the decision to make it even
Because the court's decision in U.S. v Emerson was to reverse and remand a
lower court ruling that cleared Dr. Timothy Joe Emerson of a federal violation
of the 1994 Domestic Violence Act, Dr. Emerson's attorneys David Guinn and Aaron
Clements will be appealing the portion of the decision which would force Dr.
Emerson to endure a trial for a boilerplate civil divorce court restraining
order that ended with the finalization of the divorce.
"Continuing to prosecute Dr. Emerson for a long-since expired order is
unfair and just plain wrong since Dr. Emerson has been cleared of all domestic
violence related charges in state court by a jury of 9 women and 3 men in less
than an hour of deliberations," reminded Gottlieb. "Until the
government agrees to drop the simple possession of a firearm while subject to a
civil divorce court order, both Dr. Emerson and the Second Amendment remain at
"I call on all the other national, state and local gun owner civil
rights groups to join with the Second Amendment Foundation in funding this
all-important legal battle," added Gottlieb. "SAF has mailed a check
for $5,000 and is working to raise additional funds for this appeal."
In the Emerson appeal decision, the 5th Circuit clearly ruled that the Second
Amendment guarantees the right of an individual citizen to keep and bear private
arms, "regardless of whether the particular individual is then actually a
member of the militia."
Writing for the majority, Judge William Garwood noted that the government's
long-standing interpretation of the 1939 Miller case, that the Second Amendment
merely expresses a "collective right" is not supported by the actual
"The wisdom of this decision must be preserved," said Gottlieb.
"As a leader in firearm owner civil rights defense, the Second Amendment
Foundation is very proud to be working closely with Dr. Emerson's attorneys to
protect the Second Amendment and hopefully end this nightmare for Dr. Emerson
once and for all."
The Second Amendment Foundation is the nation's oldest and largest
tax-exempt education, research and legal action group focusing on the
Constitutional right and heritage to privately own and possess firearms. SAF
previously has funded successful firearms-related suits against the cities of
Los Angeles, New Haven, CT, and San Francisco on behalf of American gun owners.
Current projects include a damage action lawsuit against the cities suing gun
makers, an amicus brief in support of the Emerson case holding that the Second
Amendment is an individual right, a lawsuit against the Clinton gun and magazine
ban and a lawsuit in Cincinnati supporting the right of self-defense carry of
firearms. Please visit the best Emerson webpage at http://www.saf.org.