Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login

Log In

A valid email is required.
Password is required.
Site Notices
3/20/2017 5:03:23 PM
Posted: 11/6/2001 8:16:53 PM EDT
Link Posted: 11/6/2001 9:30:59 PM EDT
The Fifth Circuit Emerson decision will be appealed. While the court clearly and articulately held that the Second Amendment is an individual right, Dr. Emerson is still facing federal felony charges because of an anti-gun rights prosecutor.

Felony charges for what gun crime?
Link Posted: 11/6/2001 10:17:53 PM EDT
Umm wasn't he found innocent of all state charges?

And didn't the Texas Supreme Court find that the way the restraining order was issued violated the State Constitution?

I am confused, but will this mean that the Supremes would get a shot at this WHOLE issue including the interpretation of the 2nd, or just the 5th Amendment case involving his restraining order?

And why is this here and not on the other General Discussion thread?
Link Posted: 11/7/2001 3:53:57 AM EDT
Emerson is still in hot water for the federal crime of having a gun while under a restraining order, since the judges of the 5th Circuit decided that was the minimum needed to deprive someone of thier Constitutional rights and they reinstated the indictment. So now he starts over in Federal District Court, but all of his state problems are finished.

Kharn
Link Posted: 11/7/2001 9:53:13 AM EDT
This is very important! The supreme court must here this case because of the conflicting views of the lower courts. This case could overturn all the bullshit gun laws that have been creaping into our books for decades. Even going back to the Miller case.
Link Posted: 11/7/2001 5:20:44 PM EDT

Originally Posted By Muad_Dib:
This is very important! The supreme court must here this case because of the conflicting views of the lower courts. This case could overturn all the bullshit gun laws that have been creaping into our books for decades. Even going back to the Miller case.



Can they review the whole thing? Or are they limited to just going over the restraining order part? Even the website says they are only appealing "part" of the case- but dont say which parts although obviously overturning the conviction for possessing while under a restraining order would be part...
Link Posted: 11/7/2001 7:20:46 PM EDT
Sent out a check for $25 today.

How bout you???
Link Posted: 11/8/2001 3:54:24 AM EDT
You'd think the NRA would be co-counsel on this important case!!.I've been re-thinking my membership/subscription.This "Gotlieb" guy has been hitting me up for 'donations' since I cant remember when....kinda like a telemarketer of my NRA membership,you'd think they were 2 dogs fighting over roadkill.
Link Posted: 11/8/2001 5:45:57 AM EDT

Originally Posted By ArmdLbrl:

Can they review the whole thing? Or are they limited to just going over the restraining order part? Even the website says they are only appealing "part" of the case- but dont say which parts although obviously overturning the conviction for possessing while under a restraining order would be part...



I'm not 100% sure. It is my impression that the intent of the circuit court was to rule against Emerson fully knowing that if he decided to appeal the SCOTUS would be required to hear the case. The reason they gave such thorough historical information on the 2nd (and other cases including Miller) in their decision was to show their intent to "help" the SCOTUS reverse all the unconstitutional laws on the books should Emerson appeal again. It seemed that they felt that Emerson could have easily won his case in the lower circuit court. But if they had allowed him to win, the SCOTUS would never hear the case and the pro-2nd groups would have to find another path to prove their point. If they are really trying to help the pro-gun community they'll appeal the whole decision.
Link Posted: 11/8/2001 9:59:58 AM EDT
Just finished talking with a lady on the phone. I gave them $250. That pays for what? Ummm, 1 hour with one attorney?
WSmac
Link Posted: 11/8/2001 11:27:44 AM EDT
I just matched WSmac donation of $250 over the phone with SAF. Anybody else?
Link Posted: 11/8/2001 6:36:16 PM EDT
Time to pony up guys!

This post should stay on page 1 with at least 3000 replies of people saying "I mailed my check/money order etc today".

3000 x $20 each (as a average) = $60,000!!!

If every gun board (I can think of 10 of them off the top of my head) kicked in $60K we have over half a million....enough to really make a difference.

Its time to put our money where our mouth is. Imagine if Miller had put up a credible defense in 1938........
Link Posted: 11/8/2001 8:05:54 PM EDT
BTT
Link Posted: 11/8/2001 8:23:10 PM EDT
I gave $1000.00 to SAF for the Emerson case a couple months ago. That was before the decision. Does that count?
I just printed out my Aschroft petition and will mail it ASAP.
We need to win this one!
Link Posted: 11/8/2001 8:29:31 PM EDT
Good man Burned! You get a pass this go around.

Link Posted: 11/8/2001 10:01:51 PM EDT
Thanks NYpatriot, I was kidding about the count part. I am not going to miss out on this one it too important to all of us. I will come up with something to send in to SAF.

I was thinking of basing it on the retail price of an AR 15 or something since we can't get those here in CA.
Link Posted: 11/9/2001 3:47:21 PM EDT
Bump
Link Posted: 11/10/2001 9:16:50 AM EDT
Thanks Tyler!
Link Posted: 11/10/2001 4:36:21 PM EDT

Originally Posted By mags:
You'd think the NRA would be co-counsel on this important case!!.I've been re-thinking my membership/subscription.This "Gotlieb" guy has been hitting me up for 'donations' since I cant remember when....kinda like a telemarketer of my NRA membership,you'd think they were 2 dogs fighting over roadkill.



Alan Gottleib is with the Citizens' Committee to Keep & Bear Arms. He has little or nothing to do with the NRA.
Link Posted: 11/13/2001 2:07:17 PM EDT
Too much talk and very little action here. What is the matter? Burned, I'm suspicious of that $1K donation. SAF only gave $5K prior. If you can prove it, I will kick in another $250.

The relavent part of my bank statement:

11/13/2001 118000 Funds Disbursed Electronic Purchase
SECOND AMENDMENT FOUND BELLEVUE WAUS -250.00
Link Posted: 11/15/2001 4:53:15 PM EDT
[Last Edit: 11/15/2001 4:47:00 PM EDT by stator]
NYPatriot- NYPatriot - NYPatriot - NYPatriot

I noticed you are also on the FNFAL Files board and had started a post for the Emerson Defense Fund there. Please go back there and tell them DO NOT DONATE TO EMERSON THROUGH THE NRA as the moderator suggests.

Although I have nothing against the NRA and am a live member, Emerson's lawyers will not get any of the money unlike the SAF donation.

The money that the NRA says they've donated, $35K, is a false amount. This is the value of their donation from filing an in-house amicus curiae brief. In-house means staff at the NRA file the brief. The $35K figure is the amount determine if Emerson's defense would have paid for this... not the NRA's true cost which should be much lower. Also, Emerson's lawyers never saw a dime of this fictious $35K.

The SAF has pledge to use the money to pay for Emerson's lawyer fees to argue at SCOTUS. Much more honest and straight forward.

So please go there and them the members at FNFAL. I don't have a logon there.
Link Posted: 11/26/2001 1:35:19 PM EDT
Mr Burned, I didn't make any accusations. I said I was suspicious of your statement for donating $1K. GET OVER IT as I have a right to judege what I hear to be suspicious or not. So does you and everyone else. When Alan responds back, I will send them another $250. Hopefully this helps you get over your resentment.
Link Posted: 12/7/2001 1:55:00 PM EDT
Done.

It wasn't a lot but I gave what I could with my wife laid off and a new baby.

BTT
Link Posted: 12/12/2001 8:58:29 PM EDT
Donation sent. This is a very big case for us and even if you don't have a lot of cash, please try to donate anything you can spare through the SAF. Thanks to NYPatriot for posting the link.
Link Posted: 12/29/2001 11:17:48 AM EDT
HOT: EMERSON WILL NOW APPEAL TO THE U.S. SUPREME COURT! ! !

Fifth Circuit declined the following two appeals.

1. 3-Judge Panel (Same 3 judges)

2. En Banc (All active 5th Circuit judges. Garwood has option to join.)

We will see if the current Supreme Court has the guts to take the case I guess??

Steve
Link Posted: 12/29/2001 9:15:00 PM EDT
Click here...freerepublic.com/focus/fr/585408/posts for an update on the status of Emerson's appeal.
Link Posted: 12/30/2001 9:09:39 PM EDT

Sent $40.00 last week. Am shamed by others commitment. Will send more ASAP.
Top Top