At one point, former Rep. Mike Barnes, head of Handgun Control Inc., charged that Mr. Ashcroft shared the "same extremist theory on the Second Amendment subscribed to by Oklahoma City bomber Timothy McVeigh and so-called militia groups." Sen. Edward M. Kennedy, Massachusetts Democrat, laid into the former Missouri senator´s strong support of the Second Amendment, demanding that he "apologize" to the American people.

During his confirmation, Ashcroft said he supported the right to bear arms for citizens but added, ``I don't believe the Second Amendment to be one that forbids any regulation of guns.'' [b][red][size=5]He said he supports child safety locks and a ban on assault weapons.[/size=5][/red][/b]

In the letter, Ashcroft declined to comment on the Emerson case. Justice Department officials, speaking on condition of anonymity, said the department does not plan to make additional arguments in the case, which is pending before a three-judge appellate panel.

Government lawyers would look at the panel's ruling before deciding whether to appeal to the Supreme Court, officials said, adding that [b][red][size=5]Ashcroft thinks the 1994 law is a reasonable restraint on Second Amendment rights.[/size=5][/red][/b]