[betty boop]

FYI: Just bringing Emerson "up to date."

[betty boop]

A Constitutional bump headed your way! best, bb.

[jabonz]

My application for a NYC premice/target pistol permit application was disapproved by 1PP, so yes fellow Freepers, you may be well chatting with the next Dr. Emerson. The only difference is I am an Exterminator. The dam is starting to crack. God Bless America!

[go star go]

I don't believe the SCOTUS wants to intrepret the 2nd Amendment. They will take a pass on this case.

[IronJack]

Emerson was a qualified victory for gun owners, as this article has noted. The Supreme Court would probably break along expected lines if a ruling were handed down today. And I'm not sure Emerson is the best case for a test, since its constitutionality is an ancillary variable, not the heart of the contention.

[beckett]

Are you familiar with Glenn Reynolds, BB? The law professor from UTENN has created quite a sensation as a blogger at his blogspot INSTAPUNDIT. Apparently he is a prominent and nationally known defender of 2nd Amendment rights. He is socially libertarian, however, so be warned. But you might want to drop by his site to pick up info on 2nd Amendment issues that you might otherwise miss. He has been one of the leaders of the onslaught against Michael Belleiles.

In this 2001 article in National Review, Reynolds and Kopel analyze the Emerson case.

[Matsuidon]

Thanks Betty:

[Lurking Libertarian]

Will the Supreme Court hear the case? There are two schools of thought on this. One, no it won't, because the Fifth Circuit didn't find 18 U.S.C., § 922(g)(h) to be unconstitutional, so there's nothing for it to review. Two, yes it will, because we now have a situation where federal law varies from jurisdiction to jurisdiction. Remember, Circuit Court of Appeals rulings bind only the courts within the Circuit's geographical territory. The Fifth Circuit is only one of ten circuits. In three states the right to keep and bear arms has been found to be a constitutionally grounded and protected personal right; in the other 47, the meaning of the Second Amendment is still up in the air. Only a Supreme Court ruling can provide uniformity of law in all 50 states. Personally, I have a hunch the Supremes will take this case. But we'll just have to wait and see.

Personally, I think the SCOTUS will not hear this. The personal rights theory of the Second Amendmment-- which is what makes the Emerson decision so important-- is technically not in issue at this point. The Emerson majority thought the 2nd Amendment confers a personal right on individuals, and the minority thought it didn't, but the entire 5th Circuit panel agreed that the particular statute Dr. Emerson was charged with violating was constitutional, regardless of whether there is a personal RTKBA. And even the constitutionality of that particular statute is an issue the Court can easily duck, because Dr. Emerson has not yet been convicted; the 5th Circuit merely remanded his case for a trial. At trial, he might well be acquitted, which would moot the whole issue.

While it's not impossible that the court will take this case, I'd bet it won't.

[Capitalist Eric]

Cool post.

Bookmarked for frequent review.

Thanks,