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Emerson ruling good for gun rights...
Josey1
Member Posts: 9,598 ✭✭
The spin doctors working for anti-gun lobbyists shifted into overdrive recently -- trying to portray a resounding legal setback for their agenda as a victory.Last October, the 5th U.S. Circuit Court of Appeals in New Orleans ruled in U.S. v. Emerson that the Second Amendment to the Constitution guarantees individuals the right to "possess and bear their own firearms...that are suitable as personal, individual weapons."
Emerson ruling good for gun rights... By H. Sterling Burnett Knight Ridder Newspapers The spin doctors working for anti-gun lobbyists shifted into overdrive recently -- trying to portray a resounding legal setback for their agenda as a victory.Last October, the 5th U.S. Circuit Court of Appeals in New Orleans ruled in U.S. v. Emerson that the Second Amendment to the Constitution guarantees individuals the right to "possess and bear their own firearms ... that are suitable as personal, individual weapons." This finding will surprise only gun-control lobbyists and their allies on Capitol Hill and in various state legislatures. They have long argued that the Second Amendment only protects the right of states to form and arm militias.The Brady Campaign (formerly Handgun Control Inc.), the Violence Policy Center and other gun-control groups portray the individual-rights interpretation of the Second Amendment as a myth.In a careful, detailed and persuasive analysis, the 5th Circuit Court exposed the states'-militia view as the real myth.Gun-control advocates were already in retreat when the 5th Circuit ruled. Recent studies have demonstrated that the gun-control policies, which advocates lobbied for, had not reduced crime.In addition, gun-control groups suffered a series of judicial defeats in their attempts to hold gun manufacturers liable for criminal misuses of firearms. Finally, the Sept. 11 terrorist hijackings made it clearer than ever before that guns don't cause crime, evil people with malicious intent do -- which is what opponents of gun control have argued all along.Trying to snatch a glimmer of hope from the Emerson decision, gun-control groups have touted the fact that the 5th Circuit reversed the lower court and held that being under a restraining order was sufficient ground for overriding a person's right to own guns.Gun-control groups argue that this is a victory for gun control, because it rejects the argument that the Second Amendment guarantees criminals and domestic abusers the right to keep and bear arms.But if the Emerson decision is a victory for gun control, then it is a Pyrrhic victory -- coming at a high cost. Those who wish to pass further gun-control laws will have the burden of showing that their proposals do not violate people's right to own guns. This precedent will be a powerful weapon in the arsenal of gun-rights advocates. http://web.wichitaeagle.com/content/wichitaeagle/2002/01/15/editorial/gunpro0115_txt.htm
Emerson ruling good for gun rights... By H. Sterling Burnett Knight Ridder Newspapers The spin doctors working for anti-gun lobbyists shifted into overdrive recently -- trying to portray a resounding legal setback for their agenda as a victory.Last October, the 5th U.S. Circuit Court of Appeals in New Orleans ruled in U.S. v. Emerson that the Second Amendment to the Constitution guarantees individuals the right to "possess and bear their own firearms ... that are suitable as personal, individual weapons." This finding will surprise only gun-control lobbyists and their allies on Capitol Hill and in various state legislatures. They have long argued that the Second Amendment only protects the right of states to form and arm militias.The Brady Campaign (formerly Handgun Control Inc.), the Violence Policy Center and other gun-control groups portray the individual-rights interpretation of the Second Amendment as a myth.In a careful, detailed and persuasive analysis, the 5th Circuit Court exposed the states'-militia view as the real myth.Gun-control advocates were already in retreat when the 5th Circuit ruled. Recent studies have demonstrated that the gun-control policies, which advocates lobbied for, had not reduced crime.In addition, gun-control groups suffered a series of judicial defeats in their attempts to hold gun manufacturers liable for criminal misuses of firearms. Finally, the Sept. 11 terrorist hijackings made it clearer than ever before that guns don't cause crime, evil people with malicious intent do -- which is what opponents of gun control have argued all along.Trying to snatch a glimmer of hope from the Emerson decision, gun-control groups have touted the fact that the 5th Circuit reversed the lower court and held that being under a restraining order was sufficient ground for overriding a person's right to own guns.Gun-control groups argue that this is a victory for gun control, because it rejects the argument that the Second Amendment guarantees criminals and domestic abusers the right to keep and bear arms.But if the Emerson decision is a victory for gun control, then it is a Pyrrhic victory -- coming at a high cost. Those who wish to pass further gun-control laws will have the burden of showing that their proposals do not violate people's right to own guns. This precedent will be a powerful weapon in the arsenal of gun-rights advocates. http://web.wichitaeagle.com/content/wichitaeagle/2002/01/15/editorial/gunpro0115_txt.htm