To: domenad
It is at least the SECOND court to rule that the 2nd Amendment confers an Invividual right. A judge in the Texas area ruled similarly about 3-4 years ago, when his divorcing wife tried to use a pre-emptive antigun restaining order against him.
266 posted on
03/09/2007 10:52:07 AM PST by
2harddrive
(...House a TOTAL Loss.....)
To: 2harddrive
It was the 5th Circuit, and the plaintiff was a medical doctor, not a judge.
USA v. Emerson
274 posted on
03/09/2007 10:59:48 AM PST by
absalom01
(The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.)
To: 2harddrive
It is at least the SECOND court to rule that the 2nd Amendment confers an Individual right. A judge in the Texas area ruled similarly about 3-4 years ago, when his divorcing wife tried to use a preemptive anti-gun restraining order against him.
But in Emerson, the ruling did not rely on the opinion's comment about it being an individual right (making it legally irrelevant, what lawyers call "dicta".)
In this one, the holding it firmly and essentially rooted on it being an individual right.
What more, the court actually ruled that a gun control law is unconstitutional. (as opposed to ruling that someone was wrongly convicted, or a law was misapplied.)
281 posted on
03/09/2007 11:09:26 AM PST by
Atlas Sneezed
(Your FRiendly FReeper Patent Attorney)
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