Research, Analysis & Court Documents on the Emerson Appeal
Updated 11/04/02HOT: EMERSON DEFENSE FUND CONTINUES! ! ! (8/05/02)
HOT: EMERSON WAS CONVICTED AT TRIAL IN TEXAS FOLLOWING A DENIAL OF HIS APPEAL BY THE U.S. SUPREME COURT. MOTIONS FOR JUDGMENT OF ACQUITTAL WERE FILED AND APPEALS ARE EXPECTED! ! !
1. Media Coverage of New Trial.
Abilene Reporter-News (10/08/02)
Lubbock Avalanche-Journal (10/08/02)
San Angelo Standard-Times (8/03/02)
Abline Reporter-News (8/03/02)ASHCROFT'S MEMO: EMERSON-SECOND AMENDMENT JUSTICE DEPARTMENT MEMO! ! ! (Posted 11/04/02)
EMERSON U.S. SUPREME COURT INFORMATION! ! !
1. Petition for Writ of Certiorari.
2. A. Government's Response Admitting that the Second Amendment is an individual right. PDF format. REQUIRES ACROBAT READER to Read PDF files.
Download free Acrobat Reader Now!B. Government Admits "individual right" again in the Haney Case Response here. PDF format.
3. View latest Emerson Media Coverage here!
4. Status of Case (Showing Cert. Denied) from the U.S. Supreme Court Website.
5. Stephen P. Halbrook Response to VPC letter.
6. VPC Anti-gun letter to DOJ.
In other Supreme Court news, the highest court overturned a Fifth Circuit case on allowing felons to restore their right to own a gun. The case is Bean v. U.S. (B.A.T.F!).
Click here for the Bean Case page.
Emerson's two appeals for rehearing in the Fifth Circuit were declined, prompting the Supreme Court Appeal.
1. 3-Judge Panel (Same 3 judges)
2. En Banc (All active 5th Circuit judges. Garwood has option to join.)
10/16/01: The decision is finally in. The majority (Garwood wrote, DeMoss signed onto it) found the Second Amendment is an individual right, but reversed and remanded the Emerson case. As expected, Parker in a minority opinion did not want to support the Second Amendment.
READ THE 5th CIRCUIT DECISION HERE! ! !
E-mail your Emerson questions and Join the Emerson E-mail List here!
NEW: The very latest Emerson News (Updated Often)NEW: MEDIA COVERAGE OF APPEAL (Updated Often)
NEW: A Primer on the Constitutional Right to Keep and Bear Arms
by Nelson Lund, J.D., Ph.D. (Virginia Institute, June 2002)NEW: Stephen Halbrook on NRA's website Refutes VPC Letter.
NEW: VPC Anti-gun letter to DOJ.
GUNS AND THE CONSTITUTION: Telling The Right Second Amendment Story by Akhil & Vikram Amar. Supports individual right under Second Amendment ONLY because of the Fourteenth Amendment. This would INCORPORATE the Second Amendment as binding on the states! (11/02/01)
Collective Rights View's Michael Dorf on Emerson (10/31/01)
David Kopel & Glenn Reynolds on Emerson (10/25/01)
"There Must Be a Limit" A great article on Emerson and other federal cases by Kenneth Barnes, a member of our Emerson E-mail List and has helped research this important case. His work can be found at http://www.faqs.org by visiting the Newsgroup Talk (Part of the Big Eight on the page) and then go to talk.politics.guns for more information. Have fun there and also enjoy his sneak preview article. (08/22/01)
Debunking the "Collective" view with the Courts (04/12/01)
Stupid Quotes on Emerson Case (03/21/01)
EMERSON ARTICLE: Ashcroft Defends Individual Right, But Emerson Prosecutor Holds To Collective (03/07/01)
UPDATED! A. SOURCE USED IN ANTI-FREEDOM EMERSON BRIEFS SOUNDLY REFUTED BY FACTS! ! ! (Updated 5/01/02)
B. U.S. v. FICKE CASE POSTED (03/02/01)
C. DR. EMERSON'S SIGNED BATF FORM 4473! (2/12/01)
D. VIEW THE ORIGINAL EMERSON RESTRAINING ORDER THAT STARTED IT ALL! ! ! ! (1/04/01)
E. Another Fifth Circuit Case Could Impact Emerson Decision! ! !
F. DR. EMERSON NOT GUILTY IN STATE COURT!
G. Latest Incident Proves Potential Abuses As Shown in Emerson Case!
H. 8th CIRCUIT DECISION COULD HELP IN EMERSON APPEAL
I. Summary of Appeals Court Oral Arguments - The good and the bad.
Bonus: Proof Al Gore's Justice Dep't Claimed Americans Have No Right to Keep and Bear Arms! ! ! !
J. Potomac Institute's Amicus Brief and related materials on Emerson. (Anti-gun site)
K. Even More Information/Debates on the Right to Keep & Bear Arms!
M. Laurence Tribe beginning to see Second Amendment as an Individual Right!
N. CLICK HERE FOR A COMPLETE BIBLIOGRAPHY OF LAW REVIEW ARTICLES ON GUNS & THE SECOND AMENDMENT!
P. Guns and the Constitution by Prof. Eugene Volokh, UCLA Law School
Q. MORE News on Original Emerson Decision
E-mail your Emerson questions and Join the Emerson E-mail List here!