[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

[Ancesthntr]

Dicta or not, it is equally valid if this case comes before the USSC. I happen to agree that it is essential to the 5th Circuit case, as without an individual RKBA, Emerson would have had no standing to challenge the law. This is why the 5th made such an effort to analyze the 2nd and the history behind it.

Regarding the 9th's opinion, I haven't read it and probably won't - I rather enjoy keeping my food down, thank you very much. However, I understand that this very idea underlies the opinion - there was no standing to challenge the Kali law because the defendants had no individual RKBA. This, by itself, should guarantee Cert, but we all know that the Supremes will do all that they can to avoid this (or any other) RKBA case.

Oh, and regarding the 9th's silly assertion that the 2nd doesn't protect an individual right to keep and bear arms (ANY arms):

"The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms."

Samuel Adams

"Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American."

Tench Coxe 2/20/1788

Any other similar quotes are welcome.