EMERSON DECIDED - 2nd amendment individual right(SAF commentary as well)

Second Amendment Foundation ^ | Oct 15 | Dave LaCourse

[Dan from Michigan]

From an email

Hi Folks,

Bottom line is that the majority held (more than dicta as an attorney pointed out) that the Second Amendment is in fact an individual right not tied to "militia service".

A huge win for us!!!! Clinton/Gore/Reno government position rejected. But Emerson should appeal the reversal. Will contact his attorneys tomorrow. I am upset that the majority claimed that the tenth amendment issue is dead, especially since a cross appeal by Emerson was denied earlier. What more did he have to try.

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The decision is finally in. The majority (Garwood wrote, DeMoss signed onto it) found the Second Amendment is an individual right, but reversed and remanded the Emerson case. As expected, Parker in a minority opinion did not want to support the Second Amendment.

The decision is here - http://www.ca5.uscourts.gov/opinions/pub/99/99-10331-cr0.htm

[Dan from Michigan]

Not a total victory, but it is something in our favor from what I've seen. Time to look it up.

[Khepera]

So when are those un-constitutional restrictions on our right to bear arms going to be lifted? When can we expect to quit needing a permit to exercise our right? When can we expect to be able to carry our weapons in New York City and in New Jersey and Ohio and Illinois? When will we be able to travel and at the same time protect ourselves and our families in all 50 states? When will we demand our rights be restored?

Oh I forgot Hell has not yet frozen over, Never Mind!

[Arthur Wildfire! March]

Oh goody. They read the entire amendment for a change. The right to bear arms, etc etc 'shall not be infringed.' No brainer really if they have the energy to read it to the end. So why is there still a blinking bullet tax???!!!! That is an infringement. Bullet sales should be immune to all sales taxes and hidden taxes. I'm not even certain if you should be able to tax capitol gains on profits generated from bullet and gun manufacturing. It would be the same as taxing a church. Churches are immune to taxes. So should gun and bullet manufacturing be immune. Our founding fathers wanted to ENCOURAGE target practice. That is the whole idea.

[Southack]

"The majority (Garwood wrote, DeMoss signed onto it) found the Second Amendment is an individual right..."

Progress.

[flamefront]

Wow!

[Don Joe]

There's another thread with some interesting comments. This looks like it has some very dramatic (as in earth-shaking) implications!

[Henry F. Bowman]

Extensive discussion already underway HERE.

[John Hines]

i assume that you have no problem with Charlie Manson owning a gun as soon as he gets out of the slammer.

[AmericaUnited]

A nice victory, but I think the state should require permits for concealed carrying of bazookas.

[Shooter 2.5]

Dan, since Emerson already lost his guns, he should start taking out restraining orders on every liberal he can think of. They might find out that the anti-gun hypocrites probably have gun licenses.

[MosesKnows]

When can we expect to quit needing a permit

When you have the grit and the cash to take it to the Supreme Court.

[68-69TonkinGulfYachtClub]

"A huge win for us!!!!"

YES!!!!

A Petition for Enforcement of the Second Amendment to the Constitution of the United States

[DuncanWaring]

i assume that you have no problem with Charlie Manson owning a gun as soon as he gets out of the slammer.

If he can't be trusted with a gun, he shouldn't be out of the slammer.

Were he out of said slammer, would he lose his right to speak, worship, etc?

[Torie]

It certainly sounds like dicta to me. Emerson lost because he was a bad boy.

[Dan from Michigan]

I'd watch the CCW case in Ohio. That may be winnable because of this. IF that's the case, we MIGHT just get that Vermont carry here through the courts(Depending on state/federal matters, which is the tricky part). IMO, There's only one possible way to do it in the next 8 years, and that's through the courts. Engler, nor anyone else would sign it.

Maybe I should go for a law degree.

[Dan from Michigan]

I don't have a problem if he loses on that grounds. In fact, I was worried he might lose the entire thing because of a few bad decisions he made.

However, the 'individual right' 'interpretation' DIRECTLY used in a 2nd amendment case, is huge. It's now precident, and that's what we need.

[Willie Green]

i assume that you have no problem with Charlie Manson owning a gun as soon as he gets out of the slammer.

I have problems with Charlie Manson still being in the slammer.
He should have been converted to wormfood decades ago.

[El Sordo]

Exactly how do you make this amazing intellectual leap?

[djf]

Not only that, but the fact they acknowledge that the militia is not the National Guard, and quote Federalist 46, and get this on paper, in their opinion, is also a substantial victory.

[Don Joe]

"I'd watch the CCW case in Ohio. That may be winnable because of this. IF that's the case, we MIGHT just get that Vermont carry here through the courts"

Ohio is interesting, because it's -- for a long time -- had a CCW law that I believe is unique in the country. In Ohio, anyone can CCW "Vermont style", if and only if they have a valid reason to fear for their health or safety.

I think the theory was that it would apply to people making bank deposits, etc. But so far as I'm aware, the law was seldom if ever enforced except in the breach, i.e., no one "skipped" on it, and anyone CCWing was busted for it -- no "reason" was good enough to satisfy those interpreting the laws.