EMERSON update (also Ohio CCW, Bellesiles)

Second Amendment Foundation email ^ | 12-20 | Dave LaCourse

[Dan from Michigan]

To all,

Sorry for the long time since our last correspondence. That creates a lot of information this time.

Much has been happening, and not much of it is good for gun rights.

1. I had hoped to get Emerson's conviction overturned before writing to you about such bad news. Unfortunately, he is scheduled to be sentenced on January 3rd, although his attorneys are seeking a delay. We will keep you posted on this unfortunate outcome. The Second Amendment won, but Emerson lost in this case.

Media coverage and such of the trial can be read here:

http://www.saf.org/EmersonViewOptions.html

2. And some good news: Michael Bellesiles has not only been forced to resign from Emory University, but also lost his Bancroft Award. The sloppy work claiming that guns were rare in early America has been taking hits for some time, and the academics are now listening:

http://www.saf.org/pub/rkba/general/GunsInEarlyAmerica.htm

3. Ashcroft's pro-Second Amendment memo to U.S. Attorneys is now on-line here:

http://www.saf.org/pub/rkba/Legal/AshcroftMemo.pdf

4. More good news, although not as huge: The Emerson appeals court decision was cited by two judges in the minority of the Herrera case. Since the majority didn't touch the issue, it is only helpful to understand the review standard listed under Emerson was suppose to be "strict scrutiny." A tough standard to win, which is why the law Emerson was convicted under should have been struck down:

http://www.ca5.uscourts.gov/opinions/pub/00/00-51177-cr2.pdf

5. The U.S. Supreme Court has overturned the Bean case, and therefore prevents people with federal convictions from restoring their rights nationwide. In the hyper-technical ruling, the court never discussed the nature of the rights Bean sought to restore (individual gun rights), and this was very disappointing. Read about it here:

http://www.saf.org/BeanCase.htm

6. Due to the long-stalling in the Senate, an en banc panel split and upheld the federalization of some gun crimes. The prevailing side (tie upholds the three-judge panel) even failed to list their reasoning. It is hoped that Bush will have some judges that will review this issue as it is the same one for whether federal gun control laws are valid, or should the states have control:

http://www.ca5.uscourts.gov/opinions/pub/00/00-10569-cr2.pdf

7. The Ohio Supreme Court will hear the SAF lawsuit, but the Legislature failed to enact a concealed carry law this year:

http://www.saf.org/pub/rkba/news/OhioLawsuitNews.htm

On a more personal note, it has been a great pleasure sending various updates to you and providing information for discussion groups.

A great deal more will be happening in the future, but I will be moving to New York state to be with my girlfriend and living on a farm where I can shoot from my back porch.

That long-haul move means that I will be leaving the Second Amendment Foundation next week.

Josh Dazey will be sending periodic updates in the future.

Thanks for all of your interest!

Sincerely,

Dave LaCourse

[Dan from Michigan]

If you are not a member of SAF, I recommend this group highly.

second Amendment Foundation

[Dan from Michigan]

BOOM

[coloradan]

A great deal more will be happening in the future, but I will be moving to New York state to be with my girlfriend and living on a farm where I can shoot from my back porch.

... for now.

[ninenot]

Thanks for the update-postings.

The Bean case was technical: essentially, the Supremes let the BATF "not decide" to reinstate a FFL license.

BATF is derelict in its duty, at best. Waco proves that it may be much worse than just derelict.

Another project for GWB in his remaining 6 years.

[ninenot]

ROTFLMAO

[Dan from Michigan]

I was thinking the same thing. Bwahahah.

[Deadeye Division]

bttt

[supercat]

In the hyper-technical ruling, the court never discussed the nature of the rights Bean sought to restore (individual gun rights), and this was very disappointing.

The solution to the Bean case would be for Congress to appropriate $5 for a "DENIED" stamp and mandate that the BATF shall use it immediately on all requests for rights renewal that come before it. I can't see how Brady et al. could oppose such legislation, but it would mean cases like Bean's would see the light of day.