"A well-regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed."       - Second Amendment to the U.S. Constitution       Click here to view all Right to Keep and Bear Arms constitutional protections! Second Amendment Foundation 12500 NE 10th Place Bellevue, WA 98005
SAF Internet Resources      Contact Your Senator      Contact Your Rep.      Contacting Us      Journalist's Guide to      Gun Scholars      Database Search      E-mail Server Help      Leave Your Mark  Online Articles      Gottlieb-Tartaro Report      Hindsight Column      W&G Editorials      Legal Issues      Kopel SAF Newsletter      General Right to Keep &      Bear Arms      Madison Awards      Journal on Firearms      and Public Policy  General Interest      News and Releases      SAF Book List      Mirrored Archives      Congressional Info.      RKBA Internet Links  Sponsored Publications      Gun Week      Gottlieb-Tartaro Report      Women & Guns		Welcome to the Best Emerson Site on the Web! Find out how the Second Amendment Foundation and gun rights allies forced the government to recognize the Second Amendment as an individual right! Table of Contents 1) Emerson Supreme Court Information 2) Emerson 5th Circuit Information 3) Initial Emerson Decision 4) Media Coverage of the Emerson Case 5) Opponent's reaction to Emerson Case 6) SAF involvement in Emerson Case 7) Miscellaneous Emerson Info 8) Pro-Gun Ownership Briefs 9) Related law review articles Dr. Timothy Emerson is a gun owner who found himself in the middle of the national debate over the meaning of the Second Amendment. During a divorce, a local judge issued a standard divorce-related restraining order. These orders are generally to keep both parties from selling mutually owned property. However, federal law also prohibits the possession of a firearm while the subject of a restraining order. Dr. Emerson was in possession of several rifles and a handgun when his wife notified police. He was subsequently arrested for violating federal firearms laws. He defended himself saying that he had a constitutionally protected right to possess a firearm. Initially, in 1999, U.S. district judge Sam Cummings agreed with Dr. Emerson and dismissed the charges. The case then proceeded to the 5th Circuit Court of Appeals, where the Circuit recognized an individual right to keep and bear arms, but held that Dr. Emerson was still subject to reasonable restrictions of that right. The case was then appealed to the Supreme Court of the United States, which refused to hear it, and sent it back to the original judge for trial. Dr. Emerson was eventually found guilty, and was sentenced. However, his sentence has been stayed pending Dr. Emerson's latest appeal to the Fifth Circuit. Despite Dr. Emerson's personal misfortunes, this case was a major victory for gun rights supporters. The Fifth Circuit Court of Appeals ruled that the Second Amendment was an individual right, which is something that gun rights supporters have been fighting for. Emerson Supreme Court Information: Petition for Writ of Certiorari Governments response admitting that the Second Amendment is an individual right Ashcroft memo on the Emerson Decision Status of case from the Supreme Court website Fifth Circuit Decision: 5th Circuit Decision-With William Garwood (Reagan), Harold DeMoss Jr. (Bush), and Robert Parker (Clinton) for judges. Emerson En Banc Good and the Bad of the Oral Arguments -- Excerpts from the three judge panel hearing SAF Emerson Decision Release Emerson Appeal Initial Decision Review Governments Stinging District Court Defeat Here View amended opinion with hyperlinks Judgement District Court of Northern Texas Homepage Biography of Judge Sam R. Cummings Year of Birth: 1944 Began Service: 1987 Appointed By: President Ronald Reagan Education: Texas Tech University 1967 BBA with high honors; Baylor University School of Law 1970 JD, cum laude Legal Practice: Partner, Culton, Morgan, Britain & White, Amarillo 1970 - 1987 Current Memberships: State Bar of Texas and Texas Bar Foundation Professional: Board Certified in Civil Trial Law, Texas Board of Legal Specialization Media Coverage of the Decision Lubbock Avalanche-Journal Washington Times Free Market.net Foxnews.com Washington Times CNN Newsmax The Independent Institute The Wall Street Journal George Will National Review Opponents Reaction VPC Anti-gun letter to DOJ VPC loss spin Response to VPC propaganda Potowmac Institute Spin on Emerson Brady/Handgun Control release, at least approaching honesty SAF involvement SAF Amicus Brief SAF letter from David Young listed in SAF brief Article on David Young from KeepandBearArms.com SAF Legal Defense Fund SAF Emerson Decision Release Pro Gun Ownership Briefs Gun Owner's Foundation Brief Congress of Racial Equality Brief Independence Institute's Brief Ethan Allen Institute and Heartland Institute Brief Citizens Committee for the Right to Keep and Bear Arms Brief Women Against Gun Control, Southern States Police Benevolent Association, Jews for the Preservation of Firearm Ownership Brief Texas Justice Foundation's Brief Texas State Rifle Association's Brief Academics for the Second Amendment Brief Law Enforcement Alliance of America's Brief NRA Brief State of Alabama Brief Miscellaneous Selected quotes from Emerson Decision Government again in the Haney case admits the 2nd Amend is an individual right An attorney's take on the ruling Another attorney's thoughts Stupid Quotes from the Emerson Case View the restraining order that started it all BATF Form that Emerson signed A Primer on the Individual Right to Keep and Bear Arms More coverage of Emerson from KeepandBearArms.com Ashcroft's Second Amendment Justice Department Memo VISIT THE CCRKBA WEBSITE FOR MORE RKBA INFORMATION

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