Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Henrietta; Devereaux; XJarhead
Certainly a victory for individual rights and the 2nd.

However, how significant is this as case law outside the 5th circuit? Are other courts bound to overcome the reasoning?

127 posted on 10/16/2001 4:04:52 PM PDT by SJackson
[ Post Reply | Private Reply | To 31 | View Replies ]


To: SJackson
However, how significant is this as case law outside the 5th circuit? Are other courts bound to overcome the reasoning?

No other circuit is bound by this reasoning; however, if another circuit is inclined to follow the reasoning set forth by the 5th Circuit (don't count on this; most appeals court judges are flaming, anti-gun collectivists) they can cite Emerson as support for their reasoning. But remember, all that language in Emerson that makes us feel hopeful is just dicta, (as opposed to a ruling that establishes legal precedent) so don't get too excited about all this. I'm cautiously optimistic that perhaps this case could help us regain some lost ground where the second amendment is concerned, but won't be the farm on it.

136 posted on 10/16/2001 4:33:26 PM PDT by Henrietta
[ Post Reply | Private Reply | To 127 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson