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On what basis could Dr. Emerson be acquitted on the remand, since the Fifth Circuit struck down Judge Cumming's ruling that 18 U.S.C., § 922(g)(h) is unconstitutional?

On a theoretical level, he can be acquitted simply because he hasn't been tried yet, which is all the reason the SCOTUS needs to duck the case. On a practical level, the only basis on which he can be acquitted would seem to be jury nullification, because the 5th Circuit has basically made the only issue for trial whether or not he possessed a gun after being served with a restraining order, which isn't (AFAIK) seriously in dispute.

On a practical level, the only basis on which he can be acquitted would seem to be jury nullification....

LOL, I love it, LL! Jury nullification! Juries ought to nullify more often, IMHO. If judges won't respect the Constitution, why, juries still can. And their verdict cannot be questioned. Vox populi at its very best. :^) Thanks for sharing your thoughts with me, LL. All my best -- bb.