Trial date set in Second Amendment case

By the Associated Press


SAN ANGELO, Texas (AP) -- A former San Angelo doctor who challenged a federal law in Second Amendment case will be retried Aug. 19 in federal court in Lubbock.

The date was set Friday for Timothy Emerson, who will stand trial for possessing a firearm while under a restraining order.

The 5th Circuit Court of Appeals in October overturned U.S. District Judge Sam Cummings' ruling that dismissed the charge against Emerson.

Emerson was charged in 1998 after buying a pistol while under a restraining order during a divorce proceeding.

The case had gun rights implications because Cummings ruled that the federal statute used to charge Emerson violated his Second Amendment right to bear arms.

The 5th circuit determined that an individual has a right to bear arms -- a victory for gun rights advocates -- but that the right could be restricted under some circumstances.

Emerson faces a maximum five-year sentence and $250,000 fine, U.S. Assistant Attorney Roger McRoberts told the San Angelo Standard-Times in Saturday's editions.

Emerson's attorney, David Guinn, couldn't be reached for comment.

In June, the Supreme Court said it would not hear the case and a similar gun-rights case.