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To: Henrietta
Is the above interpretation of the dicta in our favor (indiv. right upheld) correct? Or were they just restating Emerson's argument, because that was the way I read it.
53 posted on 10/16/2001 2:34:25 PM PDT by TheErnFormerlyKnownAsBig
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To: big ern
Is the above interpretation of the dicta in our favor (indiv. right upheld) correct?

Dicta here very strong as to the rights guaranteed by the 2nd Amendment being individual rights, and that the same "people" mentioned in the 1st and 4th amendments are also the "people" in the 2nd.

Will Emerson get his guns back? I don't know. The lower court seemed sympathetic to his plight, but has been ordered by the higher court to make a ruling not inconsistent with the higher court's ruling. If violation of 18 USC 922(g)(8)(C)(ii) is a felony, and he is found guilty, he won't be able to legally possess a firearm again. But that's the whole point, isn't it -- to make "zero tolerance" policies that ensnare even the innocent, so we can whittle away at the Second Amendment.

Lock and load, folks.

76 posted on 10/16/2001 3:01:55 PM PDT by Henrietta
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To: big ern
Is the above interpretation of the dicta in our favor (indiv. right upheld) correct? Or were they just restating Emerson's argument, because that was the way I read it.

They absolutely, positively and explicitly came down in our favor like a ton of bricks. They absolutely, positively and explicitly rejected every argument in favor of the "collective right" twaddle that the anti-gunners are trying to peddle.

They weren't simply summarizing Emerson's arguments, they were affirming them, supporting them, and expanding them, using a broad amount of research and evidence from original intent and historical application.

That part of the ruling (and it makes up about 90% of the long decision) is a 100% win for our side.

133 posted on 10/16/2001 4:25:20 PM PDT by Dan Day
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