 |
Gun Owners Alliance |
|
Gun Owners Alliance |
Alliance (e li'ens) -A close
association for a common objective.
09 August 2002
"Emerson Case will go to Trial 19 August 2002!!"
Chris W. Stark -
Director & email editor
If you have been following the Fifth Circuit Court of Appeals in
Texas, you will know that one of the most important trials of our time
for the 2nd Amendment is about to begin. It will start 19 August 2002.
Gun Owners Alliance will be paying attention to this trial, due to the
significance of it. I am also asking our subscribers to forward to us any
present news articles that may surface on this specific topic ONLY (do
not subscribe us to any lists without our consent first). In the mean time
though, I want to share with you below, what Neal Knox says about this
topic at:
With Respect,
Gun Owners Alliance
Chris W. Stark - Director
****************************
Aug. 8, 2002 Neal Knox Update - Dr. Tim Emerson will go to trial August 19 for possessing firearms while under a routine restraining order issued in a divorce proceeding.
The San Angelo, Texas, physician's first trial triggered the most important Second Amendment case in history. Lubbock Federal Judge Sam Cummings, after considering a plea from Emerson's lawyer, David Guinn Jr., threw out the case, charging in a law review-like opinion that the 1996 Federal law violated the Constitution.
In a 2-1 decision a Fifth Circuit Court of Appeals panel agreed that the Second Amendment was an individual right, but unanimously held that the prohibition against gun possession during a restraining order was a reasonable restriction on that right "though barely so." They ordered that Emerson be tried.
The Assistant U.S. Attorney delayed the trial until the U.S. Supreme Court declined to hear the case -- which is typical when a trial is still pending.
The Bush Administration's Solicitor General, in asking the high court not to hear it, stated in a footnote that the Justice Department considers the Second Amendment as guaranteeing an individual right, but agreed with the Fifth Circuit's decision.
Dr. Emerson, a dedicated shooter, has lost his Texas medical license due to inability to pay child support, a result of his legal problems.
Second Amendment Foundation is helping pay for Tim's case. Contributions
can be marked for the Emerson Defense Fund. (SAF, 12500 NE 10th Place,
Bellvue WA 98005)