October 16, 2001
On a very quick read:
Emerson
clearly holds that the second amendment is an individual right, and rejects the
"collective rights" nonsense. It is the most detailed circuit court
opinion I have ever seen, on any issue whatsoever. The court went back and did
its own original research, rather than citing to law reviews, which is
astonishing.... no wonder it took so long to write the opinion! And, instead of
just citing Miller, it went back and read the briefs in that case to determine
just what the Court really ruled upon. None of this is easy work for a court to
undertake. It's virtually reconstructed the entire second amendment debate, not
taking anyone's word on anything.
The court does uphold the statute--but doesn't do so with a proclamation that
any "reasonable regulation" will do. Rather, it says that any
restriction of the right must involve a narrow rule that leaves intact the
general principle that the citizenry (apart from felons, etc.) may be armed. But
since it upheld the statute, the only one who can take it to the Supremes will
be Emerson himself--technically, he lost, even if with a remarkable opinion on
the second amendment.