Results 1 to 3 of 3

Thread: 5th ciruit opinion. Read the part about RKBA

  1. #1
    Newbie
    Join Date
    Jun 2006
    Location
    USA
    Posts
    491

    Post imported post


  2. #2
    Regular Member
    Join Date
    Dec 2006
    Location
    Rupert, Idaho, USA
    Posts
    67

    Post imported post

    The rational basis test of the RKBA became standard in the 5th circuit with the Emerson case. Old News.

  3. #3
    Accomplished Advocate
    Join Date
    May 2006
    Location
    Bedford, Texas, USA
    Posts
    834

    Post imported post

    Shawn, what we're dealing with concerning Emerson is that the 5th circuit seems to have taken it upon themselves to provide limited relief for gun owners in the face of the USSC turning down good 2nd amendment cases, however, the Emerson decision included the following,

    “[T]he Second Amendment’s right to bear arms is subject to ‘limited, narrowly tailored specific exceptions or restrictions for particular cases that are reasonable and not inconsistent with the right of Americans generally to individually keep and bear their private arms as historically understood in this country.’”

    This is worded to ensure that the 5th can decide on a case by case basis whether the 2nd can apply to a case they wish it to, i.e. somebody who was not doing something else morally or ethically objectionable at the time. This type of judicial tyranny has been something we've been dealing with since Marbury v. Madison, the social engineering by judiciary fiat, and will most likely continue for decades to come.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •