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,
[align=left]“[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.’”[/align]
[align=left]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.[/align]
