U.S. Appeals Court Affirms Right To Keep And Bear Arms.

Author:Thurman, Russ
Position:Industry News

The U.S. Fifth Circuit Court of Appeals in New Orleans ruled in mid-October that the United States Constitution guarantees the right of individuals to keep and bear arms. The decision rebuffed the argument that the Second Amendment applies only to the arming of state militia.

The landmark ruling United States vs. Emerson centered on the Texas case of Dr. Timothy Joe Emerson, who was charged with violating federal law prohibiting the possession of a firearm while under a restraining order. A Texas court dismissed the charges, indicating the restraining order violated Emerson's Second Amendment rights. The Clinton Justice Department appealed.

The Fifth Circuit Court indicated...

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