Re: [SLUG-POL] Text of the Emerson ruling

From: R P Herrold (herrold@owlriver.com)
Date: Thu Oct 18 2001 - 19:11:24 EDT


On Thu, 18 Oct 2001, Paul M Foster wrote:

> > > > http://www.ca5.uscourts.gov/opinions/pub/99/99-10331-cr0.htm

> In English?

> > It looks like a Law Review compilation article; does a nice job
> > setting forth the individual vs. collective right argument, and
> > leaves little 'wiggle room' for the collectivists <grin>.

... The anti-gun camp's calling the 2d Amdt NOT a right to
protect and INDIVIDUAL's right is pretty clearly and
carefully rejected.

> > But in result, it also allows a mere scintilla of allegation, rather
> > than an affirmative, well framed 'your rights are at risk' showing
> > of evidence at a hearing after notice and preparation, to give
> > effect to the federal Lautenberg Amendment extending firearms
> > disabilities.

Government's ability to enforce a law which does NOT allow for
a REAL hearing before LOSS of 2d Amdt possession rights is
upheld.

 -- Russ



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