Supreme Court Declines to Hear
Emerson Case
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"...[T]he 5th
Circuit Court's finding that the Second Amendment protects an individual
right will stand..." |
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On Monday, the Supreme Court of the United States declined without
comment to hear U.S. v. Emerson. And while the decision is bad news for
the defendant, the non-ruling in the Emerson case does mean that the 5th
Circuit Court's finding that the Second Amendment protects an individual
right will stand.
Furthermore, when the Bush Department of Justice
(DOJ) submitted its Emerson briefs, it included statements that our
Right to Keep and Bear Arms is clearly an individual right protected by
the Constitution, which can also be used in legal arguments against
unconstitutional gun control laws.
As NRA-ILA Executive Director Chris
Cox explained to The New York Times, NRA was not concerned with the
Supreme Court's lack of decisive action, as "our client is the Second
Amendment." Cox went on to say, "The Second Amendment won" when the
Bush Administration made clear it supports the correct view that the
right to arms is an individual, protected right.
Related Stories...
More About Federal Issues
Federal Court Says Second Amendment Protects Individual Right (Oct 2001)
U.S. v. Emerson Oral Arguments Early Report (Jun 2000)
U.S. v. Emerson Oral Arguments (Jun 2000)
Support Mounts for Individual Rights Theory (Aug 1999)
Federal Court Upholds Individual Right-to-Bear-Arms (Apr 1999)
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