[BOBWADE]

Did the gov't win, sounds like it was remanded and not necessarily reversed. Hard to tell without the actual order to read. I was assuming that the remand was not really a victory for anyone. Have you read the decision? can you post a transcript or link to it? I would be very interested to see it.

[nralife]

Read the decision here!

[El Gato]

Did the gov't win, sounds like it was remanded and not necessarily reversed. Hard to tell without the actual order to read.

The actual order, stipped of all the justification:

"The United States appeals the district court's dismissal of the indictment of Defendant-Appellee Dr. Timothy Joe Emerson (Emerson) for violating 18 U.S.C. § 922(g)(8)(C)(ii). The district court held that section 922(g)(8)(C)(ii) was unconstitutional on its face under the Second Amendment and as applied to Emerson under the Due Process Clause of the Fifth Amendment. We reverse and remand."

But what they reversed was strictly the fifth amendment part, while stating that the Due Process Clause of the 5th deed indeed apply since the right protected by the 2nd is an individual one, but that due process was obtained and that the right could be restricted under due process, as can other rights.