[Ancesthntr]

I'm not so sure that it is necessary to raise the issue of conflict between the 5th and 9th Circuits in order to get this case heard by the Supremes. The losing parties could simply appeal, based upon the fact that their 2nd Amendment rights have been violated. It only buttresses their argument to state that the extraordinarily well-researched and well-reasoned dicta of the Emerson case backs an individual right.

[harpseal]

I have heard many people state that the Fith Circuit's holding of the Second being a guarantee of an individual's right as a dicta but it is not if you actually read the decision then one must understand that it is not a dicta which does not bind all lower courts in the district but an essential holding of the court. The references to the Fifth circuits ruling as a dicta were from the dissent of the liberal on the three judge panel.

Stay well - Stay safe - Stay armed - Yorktown