Posted on 10/16/2001 1:00:48 PM PDT by 45Auto
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.
Stay wel - Stay safe - Stay armed - Yorktown
Stay well - Stay Safe _ Stay armed - Yorktown
a box stating "obey all laws" would be better...and make as much sense.
In these posts, there are numerous references to dicta.
Dicta is simply an observation intended or regarded as authoritative and does not carry the full weight as a direct ruling or holding from the court.
From Page 44 of the opinion there is:
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D. Second Amendment protects individual rights
We reject the collective rights and sophisticated collective rights models for interpreting the Second Amendment. We hold, consistent with Miller, that it protects the right of individuals, including those not then actually a member of any militia or engaged in active military service or training, to privately possess and bear their own firearms, such as the pistol involved here, that are suitable as personal, individual weapons and are not of the general kind or type excluded by Miller. However, because of our holding that section 922(g)(8), as applied to Emerson, does not infringe his individual rights under the Second Amendment we will not now further elaborate as to the exact scope of all Second Amendment rights.
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In other words, the 5th Circuit Court of Appeals held that the Second Amendment "protects the right of individuals ... " and this, in my humble opinion, is a holding, not just dicta!
After reading another article on this case, I fairly sure that his attorney is a classmate of mine from law school. Knowing this, I am confident that he will figure out how to get it to the Supreme Court or will be able to further attack the reasonableness of the restrictions when it is remanded to district court. If it is my former classmate, he is an excellent attorney (and his father was our constitutional law professor). So let's hope he can further the great fight.
Here is one for consideration from the 9th Circuit Appeals ---for a California case where a man owning and operating a responding security alarm business was denied a concealed weapons permit ---
Quote from case-- "We follow our sister circuits in holding that the Second Amendment is a right held by the states, and does not protect the possession of a weapon by a private citizen. We conclude that Hickman can show no legal injury, and therefore lacks standing to bring this action. "
link to --- Hickman v. Block
I just read the above case, and shook my head at the "reasoning" of this judge. We will not be again a free society until we find a way to rid ourselves of intellectually dishonest judges who use the power of the bench to deliberately misstate the law by which they must decide subsequent cases.
Clearly New Jersey is a hotbed of islamic terrorist activity, many of the 9-11 hijackers lived there among the radical moslem community, many more are at large.
The AR-15 is a perfect "milita" clone of the military's M-16.
Could this be "THE" test case?
We agree, but differ as to the method. I submit it would be better to keep them in prison if they aren't deemed safe enough to be let into society with their full rights.
Besides, what is going to keep them from getting guns anyway? They are criminals, remember? It's the same thing the gun grabbers say, pass gun control to keep guns out of the bad people's hands. It doesn't work, it only affects those of us who are law abiding, and gives them more of a chance to make all of us felons in some form or another.
Money in this case is a double edged sword that could cut the second amendment either way IMHO.........Stay Safe !
Stay well - stay safe - stay armed - Yorktown
What could well happen is that prosecutors will offer him a plea, and he might take it to avoid trouble in his career. It may come down to just how much Robinson himself supports his own RKBA.
Check your Freepmail.
Colt Gov't Model AR-15 (pre-ban) would be ideal: as close as possible to the unquestionable standard USA militia/combat firearm without moving into NFA territory.
Would Seattle be good enough for you?
Perfect. Major high-profile city without the legal/practical obfuscations of D.C. or other cities currently suffering from terrorist attacks.
Whoever makes "the walk" must be absolutely clean: no criminal history whatsoever, no mental health issues, no questionable organization memberships, etc. His lawyer must know RKBA law inside-out, and know how to defend an innocent man.
If the court has handed down a sentence and I complete that sentence (time served, parole, etc), I have "paid my debt to society" and it would (or maybe I should say "should") take another hearing or trial in order to restrict my rights. In fact, if I remember correctly, there is even case law on something similar.
As I have said, if it is not safe for someone to be in society with their full rights, then do not let them back into society. But once a sentence is carried out and completed, you have said, in effect, it is safe for this person to return to his place in society. Once that is done, why should he be denied the right to self protection afforded any other member of society?
And besides, as I said in a post above, what good does it do? They can get guns anyway, and you end up using the same arguments the gun grabbers use, gun control to keep guns out of the hands of the bad guys.
Ok, he is an ex-felon and you have denied him his rights. He buys a gun, is caught and is back in jail. Why not just keep him in there to begin with if you have deemed him unsafe to fit back into society without his full rights restored?
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