Well there's hope after all !!!
Fed Dist Judge Sam R. Cummings in US v. Emerson wrote a beautiful opinion in his dismissal of a Federal gun indictment relating to the domestic violence law.
HE ruled in favor of Emerson who had been indicted on five counts of felony possion of a firearm, for trying to pawn guns he owned after his wife had taken out a restraining order on him following a domestic dispute relating to their divorce.
The US Atty argued that the 2nd A is a states right, and does not protect an individuals right to bear arms,... the good judge didn't listen.... and beyond that held that 18 U.S.C. 922 (g)(8) is un-Constitutional, violating the 2nd, 5th snd possibly more . He devoted 8 of the 32 pages of his opinion to historical precedent for the indivdual RKBA.
The Feds stated they planned to appeal, which means that it could easily go to the Supreme Court !!!
See the whole opinion at
www.nraila.org/emerson.html
This may be the Texas case that was mentioned on another post here last week.
Looks like a good prospect, has great position for the value of RKBA that we want reinforced... individual right, and striking down the felony penalty aspect of a misdemeanor.
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What part of "INFRINGED" don't they understand?
Fed Dist Judge Sam R. Cummings in US v. Emerson wrote a beautiful opinion in his dismissal of a Federal gun indictment relating to the domestic violence law.
HE ruled in favor of Emerson who had been indicted on five counts of felony possion of a firearm, for trying to pawn guns he owned after his wife had taken out a restraining order on him following a domestic dispute relating to their divorce.
The US Atty argued that the 2nd A is a states right, and does not protect an individuals right to bear arms,... the good judge didn't listen.... and beyond that held that 18 U.S.C. 922 (g)(8) is un-Constitutional, violating the 2nd, 5th snd possibly more . He devoted 8 of the 32 pages of his opinion to historical precedent for the indivdual RKBA.
The Feds stated they planned to appeal, which means that it could easily go to the Supreme Court !!!
See the whole opinion at
www.nraila.org/emerson.html
This may be the Texas case that was mentioned on another post here last week.
Looks like a good prospect, has great position for the value of RKBA that we want reinforced... individual right, and striking down the felony penalty aspect of a misdemeanor.
------------------
What part of "INFRINGED" don't they understand?