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 232 active visitors Friday, November 20, 2009
EMAIL NEWS
Main Email List:
Subscribe
Unsubscribe

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

» JOIN/Renew NOW! «
 
SUPPORT OUR SUPPORTERS

 

YOUR VOTE COUNTS

Keep and Bear Arms - Vote In Our Polls
To help prevent violent crimes, should licensed concealed carry holders be allowed to carry concealed guns in national parks?
Yes
No
Undecided

Current results
Earlier poll results
1655 people voted

 

SPONSORED LINKS

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

 

 

 

News & Editorials
Search:
 
 

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
 QUOTES TO REMEMBER
Just because you do not take an interest in politics doesn't mean politics won't take an interest in you. — PERICLES (430 BC)

 
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 http://www.KeepAndBearArms.com is given. Click here for Contact Information for representatives of KeepAndBearArms.com.

Thawte.com 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.

KeepAndBearArms.com, Inc. © 1999-2009, All Rights Reserved. Privacy Policy

RKBA Ring Hub

Keep And Bear Arms
RKBA Webring
sponsored by
Keep And Bear Arms
site owned by
Keep And Bear Arms
[Join Now|Ring Hub|Random|<<Prev|Next>>]