To: 2harddrive
It is at least the SECOND court to rule that the 2nd Amendment confers an Individual right. A judge in the Texas area ruled similarly about 3-4 years ago, when his divorcing wife tried to use a preemptive anti-gun restraining order against him.
But in Emerson, the ruling did not rely on the opinion's comment about it being an individual right (making it legally irrelevant, what lawyers call "dicta".)
In this one, the holding it firmly and essentially rooted on it being an individual right.
What more, the court actually ruled that a gun control law is unconstitutional. (as opposed to ruling that someone was wrongly convicted, or a law was misapplied.)
281 posted on
03/09/2007 11:09:26 AM PST by
Atlas Sneezed
(Your FRiendly FReeper Patent Attorney)
To: Beelzebubba
In Emerson, they found that he DID have an individual right - which, under very specific circumstances which he met, could be suspended.
284 posted on
03/09/2007 11:11:55 AM PST by
ctdonath2
(The color blue tastes like the square root of 0?)
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