Keep and Bear Arms
Home Members Login/Join About Us News/Editorials Archives Take Action Your Voice Web Services Free Email
You are 1 of 487 active visitors Wednesday, July 24, 2024
Main Email List:

State Email Lists:
Click Here
Join/Renew Online
Join/Renew by Mail
Make a Donation
Magazine Subscriptions
KABA Memorial Fund
Advertise Here
Use KABA Free Email




Keep and Bear Arms - Vote In Our Polls
Do you oppose Biden's anti-gun executive orders?

Current results
Earlier poll results
4749 people voted



» U.S. Gun Laws
» AmeriPAC
» NoInternetTax
» Gun Show On The Net
» 2nd Amendment Show
» SEMPER FIrearms
» Colt Collectors Assoc.
» Personal Defense Solutions



News & Editorials

Attorney David T. Hardy on U.S. v Emerson Gun Case

October 16, 2001

On a very quick read:

Emerson clearly holds that the second amendment is an individual right, and rejects the "collective rights" nonsense. It is the most detailed circuit court opinion I have ever seen, on any issue whatsoever. The court went back and did its own original research, rather than citing to law reviews, which is astonishing.... no wonder it took so long to write the opinion! And, instead of just citing Miller, it went back and read the briefs in that case to determine just what the Court really ruled upon. None of this is easy work for a court to undertake. It's virtually reconstructed the entire second amendment debate, not taking anyone's word on anything.

The court does uphold the statute--but doesn't do so with a proclamation that any "reasonable regulation" will do. Rather, it says that any restriction of the right must involve a narrow rule that leaves intact the general principle that the citizenry (apart from felons, etc.) may be armed. But since it upheld the statute, the only one who can take it to the Supremes will be Emerson himself--technically, he lost, even if with a remarkable opinion on the second amendment.

Scholarly Works from David T. Hardy:


Print This Page
Mail To A Friend
They should have stopped with "Congress shall make no Law..."

COPYRIGHT POLICY: The posting of copyrighted articles and other content, in whole or in part, is not allowed here. We have made an effort to educate our users about this policy and we are extremely serious about this. Users who are caught violating this rule will be warned and/or banned.
If you are the owner of content that you believe has been posted on this site without your permission, please contact our webmaster by following this link. Please include with your message: (1) the particulars of the infringement, including a description of the content, (2) a link to that content here and (3) information concerning where the content in question was originally posted/published. We will address your complaint as quickly as possible. Thank you.

NOTICE:  The information contained in this site is not to be considered as legal advice. In no way are Keep And Bear Arms .com or any of its agents responsible for the actions of our members or site visitors. Also, because this web site is a Free Speech Zone, opinions, ideas, beliefs, suggestions, practices and concepts throughout this site may or may not represent those of Keep And Bear Arms .com. All rights reserved. Articles that are original to this site may be redistributed provided they are left intact and a link to is given. Click here for Contact Information for representatives of is the leading provider of Public Key Infrastructure (PKI) and digital certificate solutions used by enterprises, Web sites, and consumers to conduct secure communications and transactions over the Internet and private networks., Inc. © 1999-2024, All Rights Reserved. Privacy Policy