Emerson decided: win for gun rights, loss for Emerson.

[tcsenter]

WEEEE!!! U.S. Court of Appeals for the 5th Circuit FINALLY decided government's appeal in US v. Emerson.

The short of things: U.S. Court of Appeals AFFIRMED the Second Amendment unquestionably protects an individual right to keep and bear personal firearms, giving the smack-down to virtually every tired and worn-out lie parroted by the gun control movement, but nonetheless found that Timothy Emerson's 2nd Amendment rights were not violated by USC 922(g)(8).

"We agree with the district court that the Second Amendment protects the right of individuals to privately keep and bear their own firearms that are suitable as individual, personal weapons and are not of the general kind or type excluded by Miller, regardless of whether the particular individual is then actually a member of a militia.(66) However, for the reasons stated, we also conclude that the predicate order in question here is sufficient, albeit likely minimally so, to support the deprivation, while it remains in effect, of the defendant's Second Amendment rights. Accordingly, we reverse the district court's dismissal of the indictment on Second Amendment grounds."

The long of things: US v. Emerson decision

Big win for gun rights!! The gun-grabbers have received another HUGE smackdown, to compliment the dismissal of dozens of their frivolous lawsuits across the country.

 

[Ulfwald]

DAMN!!!! A government institution got it RIGHT!!!!! YAHOO <<does the HAPPY DANCE>>

LOCK AND LOAD folks.

You know this is a pro gun thread, and i just had to get in here.

--Hampton, Virginia. Shortly before 1 a.m. last Wednesday, 25-year-old Marquis Corbin knocked on the door of an apartment. Two men and a woman were inside. When the door opened, Corbin and two masked accomplices forced their way in. They were all armed. But one of the men in the apartment was armed, too. He drew his gun and fired at the three predators. He fired between 12 and 15 rounds and hit all three men! One of the masked men, 25-year-old Derrick Lyons, was killed. None of the three punks had a chance to return fire. Police say the shooter acted in self-defense. Article

--Off the coast of Sierra Leone, 52-year-old John Bailey, a marine superintendent, awoke in his cabin aboard a fuel tanker when he heard the sounds of his nine crewmates shouting. Then he heard the "click" of weapons being cocked outside his cabin door. He armed himself with the ship's shotgun and opened the door--and saw the muzzle of a Kalashnikov AK-47 rifle pointed at his chest! His ship had been boarded by pirates! The gunman pulled the trigger...but the rifle jammed! Bailey fired his shotgun and dropped to the ground to avoid any pellets that might ricochet. He chased the other pirates off the ship--and fired 17 more rounds at them after they dove into the water.Article

Topeka, Kansas. Shortly before 10 p.m. Sunday, two men and a woman knocked on the door of the house belonging to 21-year-old Hector Macias, Jr. They forced their way inside and then proceeded to assault and rob two women and a man who were in the house.

Hector Macias was in a back room. He grabbed his SKS rifle (an "assault rifle," according to the news report) and shot all three predators. All of them fled, but two were picked up by an ambulance and another was driven to the hospital.

Unfortunately, all three are expected to survive their injuries. And it looks like the police confiscated Macias' rifle.
Article

You might recall that, earlier this week, the Supreme Court refused to revive a lawsuit filed by New Orleans against gun manufacturers. Almost immediately the gun grabbers were out there whining.

One such whiner was Dennis Henigan, the director of the Brady Center to Prevent Handgun Violence. When he commented about the status of nearly 30 lawsuits filed against the firearms industry, Henigan said, "You have cases going both ways. It's pretty much split down the middle."

Wow! That means the gun manufacturers and the anti-gunners have been at a stalemate for years, right?

Wrong. Robert Delfay is president and CEO of the National Shooting Sports Foundation. He says a total of 18 municipal lawsuits have been decided so far. 17 of them have been either fully or partially dismissed in favor of gun makers. Every appellate court decision so far has been in favor of the firearms industry. The high courts of New York and California recently ruled in favor of firearms manufacturers in private lawsuits, too! That's hardly "split down the middle."

The judicial consensus is that gun makers cannot be held liable for the misuse of their products--and still Dennis Henigan lies to the media by saying the decisions have been a 50-50 split.

Do you need any more proof that gun control groups have to lie to advance
their cause?
article

Stories like this happen every day to about 7,000 Americans. Now sit back and ask yourself: Why does your government want to disarm you when common criminals and terrorists are on the prowl?

 

[tcsenter]

TEE HEE! I'm tickled pink. It wasn't the best ruling we could have hoped for, the devil is in the details, but the important thing is that the Appeals Court flatly REJECTED on its ass the gun-grabber interpretation of the 2A, period. x 10

$10 says the government WON'T appeal.

 

[Johnnie]

gun control-hitting your target

 

[burnedout]

Wonder if the present "state of affairs" had any bearing on the outcome?

I'm extremely pro-gun, BTW.

 

[jjones]

the right to bear arms should never be taken away.

 

[Tauren]

I'm going to get my CCW this winter. The classes are pretty crowded up here since the passed the law allowing anyonewithout a felony conviction, and certain misdemeanors, to have one!

Laugh at our militias up here all you want, they are doing good by me!

 

[tcsenter]

<< Wonder if the present "state of affairs" had any bearing on the outcome? >>

Its doubtful, I was told by my NRA rep the case decided 3 months ago, but they weren't ready to release it for some reason, perhaps not all the dicta was agreed upon. The decision was unanimous from what I can tell.

 

[Ulfwald]

This belongs back at the top so all the adoring fans of us PRO GUNNERS can flame us to hell and back.

 

[tcsenter]

Ok, then BUMP for flamers.

 

[Zenmervolt]

This reminds me, I really ought to spend some time having my grandfather teach me marksmanship. Good to see the Constitution actually upheld.

Zenmervolt