simonov jr
New member
I got this off another firearms forum, so can't absolutely verify the source.
Breaking report from New Orleans-5th Circuit Court Emerson case
Source: Neal Knox
Published: unpublished backgrounder- prepublication material Author:
Neal Knox
) To: xxxxxxxxxxx
) Date: Tue, 13 Jun 2000 17:46:48 EDT
) Subject: Circuit Court Asks Great Questions
) Message-ID: (200006132151.OAA01894@lists1.best.com)
) ) 5:30 p.m. June 13 Neal Knox Report -- "The Court really beat ) up on
the government" Linda Thomas of Houston
ecstatically told me ) a few minutes ago.
)
) She was on a cell phone, standing on the steps of Fifth
) Circuit Court of Appeals in New Orleans. A three-judge panel had
) just heard oral argument in the Emerson case, in which Lubbock,
) Texas, Federal Judge Sam Cummings struck down part of the 1996
) Lautenberg Amendment prohibiting persons under a restraining order
) from possessing firearms.
)
) The government prosecutor said the Second Amendment only ) applied to
arms issued to militia members, in Dr. Timothy
Emerson's
) case either the Texas National Guard or Texas State Guard. Judge
) Harold R. DeMoss, Jr., a George Bush appointee, told him he was
) misreading the 1939 Miller case.
)
) The court held in Miller that there had been no evidence that ) Miller's
sawed-off shotgun was a militia-type arm. Nothing
was said
) about
) the gun having to have been issued.
)
) Judge DeMoss asked the prosecutor if Dr. Emerson's Beretta 92
) 9mm pistol isn't the type used by armies. Of course, it's the
) standard U.S. sidearm.
)
) Judge DeMoss also raised a critical question that addresses
) the Tenth Amendment. "I have a 12 gauge and 16 gauge shotgun, and
) a .30 caliber deer rifle in my closet at home. Can you tell me how
) those affect interstate commerce."
)
) All Federal gun laws are based on the power of the Congress to
) regulate interstate commerce. The present Supreme Court has struck
) down several laws in a series of narrow decisions based on the
) Tenth Amendment's stipulation that powers not specifically
) delegated to Congress "are reserved to the states and the people,
) respectively."
)
) Judge Robert M. Parker, appointed by President Carter, and to
) the appellate court by President Clinton, told the government: "I
) don't want you to lose any sleep over this, but Judge Garwood (the
) senior judge) and I between us have enough guns to start a
) revolution in most South American countries."
)
) Linda, a gun rights activist who has just finished law school
) and is preparing for the bar exam, said the folks on our side of
) the aisle "are all smiles."
)
) Unlike most firearms-related court cases, there was no
) reluctance to discuss the Second Amendment, and, Linda said, the
) judges had done their homework. "It was like sitting in on a Gun
) Rights Policy Conference legal seminar."
)
) One thing about it, Timothy Emerson's case is going to have a ) full and
fair hearing. And so will the Second Amendment.
)
) If the Fifth Circuit concurs with the trial judge that the
) Second Amendment protects gun ownership as an individual right --
) which now seems quite possible -- there would be a conflict between
) the circuit courts, almost guaranteeing a Supreme Court hearing
) after the next election.
)
) That's just one more reason to make certain that Al Gore isn't
) in a position to appoint Supreme Court justices
Breaking report from New Orleans-5th Circuit Court Emerson case
Source: Neal Knox
Published: unpublished backgrounder- prepublication material Author:
Neal Knox
) To: xxxxxxxxxxx
) Date: Tue, 13 Jun 2000 17:46:48 EDT
) Subject: Circuit Court Asks Great Questions
) Message-ID: (200006132151.OAA01894@lists1.best.com)
) ) 5:30 p.m. June 13 Neal Knox Report -- "The Court really beat ) up on
the government" Linda Thomas of Houston
ecstatically told me ) a few minutes ago.
)
) She was on a cell phone, standing on the steps of Fifth
) Circuit Court of Appeals in New Orleans. A three-judge panel had
) just heard oral argument in the Emerson case, in which Lubbock,
) Texas, Federal Judge Sam Cummings struck down part of the 1996
) Lautenberg Amendment prohibiting persons under a restraining order
) from possessing firearms.
)
) The government prosecutor said the Second Amendment only ) applied to
arms issued to militia members, in Dr. Timothy
Emerson's
) case either the Texas National Guard or Texas State Guard. Judge
) Harold R. DeMoss, Jr., a George Bush appointee, told him he was
) misreading the 1939 Miller case.
)
) The court held in Miller that there had been no evidence that ) Miller's
sawed-off shotgun was a militia-type arm. Nothing
was said
) about
) the gun having to have been issued.
)
) Judge DeMoss asked the prosecutor if Dr. Emerson's Beretta 92
) 9mm pistol isn't the type used by armies. Of course, it's the
) standard U.S. sidearm.
)
) Judge DeMoss also raised a critical question that addresses
) the Tenth Amendment. "I have a 12 gauge and 16 gauge shotgun, and
) a .30 caliber deer rifle in my closet at home. Can you tell me how
) those affect interstate commerce."
)
) All Federal gun laws are based on the power of the Congress to
) regulate interstate commerce. The present Supreme Court has struck
) down several laws in a series of narrow decisions based on the
) Tenth Amendment's stipulation that powers not specifically
) delegated to Congress "are reserved to the states and the people,
) respectively."
)
) Judge Robert M. Parker, appointed by President Carter, and to
) the appellate court by President Clinton, told the government: "I
) don't want you to lose any sleep over this, but Judge Garwood (the
) senior judge) and I between us have enough guns to start a
) revolution in most South American countries."
)
) Linda, a gun rights activist who has just finished law school
) and is preparing for the bar exam, said the folks on our side of
) the aisle "are all smiles."
)
) Unlike most firearms-related court cases, there was no
) reluctance to discuss the Second Amendment, and, Linda said, the
) judges had done their homework. "It was like sitting in on a Gun
) Rights Policy Conference legal seminar."
)
) One thing about it, Timothy Emerson's case is going to have a ) full and
fair hearing. And so will the Second Amendment.
)
) If the Fifth Circuit concurs with the trial judge that the
) Second Amendment protects gun ownership as an individual right --
) which now seems quite possible -- there would be a conflict between
) the circuit courts, almost guaranteeing a Supreme Court hearing
) after the next election.
)
) That's just one more reason to make certain that Al Gore isn't
) in a position to appoint Supreme Court justices
