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I totaly agree. Ashcroft can instruct his lawyers to appeal it to SCOTUS but they won't rigorously offer an argument against the case. It would be good to get this affirmed by the scotus. I think I will drink a cold one right now to celebrate!

I totaly agree. Ashcroft can instruct his lawyers to appeal it to SCOTUS but they won't rigorously offer an argument against the case.

No, he can't. The government won, so they can't appeal. Emerson, on the other hand, can, and can spare Ashcroft the embarrasment of picking a case just so he can play to lose. Ironic.

The government cannot appeal, since Emerson lost on appeal. Sorry. But Emerson can, but not on second amendment grounds, per se, since the 5th Circuit ruled in his favor that the second amendment protects and individual right, but that the law he's charged under does not consitutute an infringement on that right. Or rather that it constitutes a "reasonable" infringement, just as being sent to prison for say robbery does not consitute a violation of the right to liberty. I guess I disagree, since there was no real due process, although the court said the process that was followed was "due" enough. The lesson here is don't tick off your wife or signifigent other, or come to that your kids. They'll file for a "domestic violence" restraining order, and you'll lose your RKBA, although if you dispute the order you will have a stronger legal ground to stand on than if you don't.