Log in

View Full Version : Restraining Order & Firearms



BushMasterBoy
08-11-2011, 22:47
Buh Bye

SAnd
08-11-2011, 23:48
That was 1999. That was reversed in a 2001 appeal. If I read it correctly-

http://caselaw.findlaw.com/us-5th-circuit/1332436.html

BushMasterBoy
08-12-2011, 00:12
I quote

SAnd
08-12-2011, 01:18
"The district court held that section 922(g)(8)(C)(ii) was unconstitutional on its face under the Second Amendment and as applied to Emerson under the Due Process Clause of the Fifth Amendment.   We reverse and remand."

I don't see where that conflicts with what you quote. Your quote doesn't say why the charges were dismissed or why he was acquitted. It may have nothing to do with what was appealed.

Tin foil hat time- This could be one of many cases where the charges were not pressed because the anti-gun people did not want a high court ruling on the individual right issue.

I'm not a lawyer and it difficult for me to understand and correlate what is said in different parts of a ruling. I'm skeptical that a ruling in 1999 would have so many things being done contrary to it over the last decade plus. That is why I looked to see if there was a later ruling.

I'll admit I am in over my head in this and say I'd like to hear from a lawyer or law scholar about it. That's all I have to say.

BushMasterBoy
08-12-2011, 11:34
I'm guess