Since we now if differing district court opinions of the of the 2nd amendment, the Attorney General can request a clarification from the SCOTUS. Since AG Ashcroft’s Justice Department holds that the 2nd applies to an individual right, his “friend of the court” brief would support the 5th district court.

With the US JD, the 5th’s ruling, NRA, etc, we would stand a good chance of a positive ruling… Then we could start overturning the unconstitutional laws (AW ban, NFA, etc)

What do you think??? Am I all wet?

The individual right rules, as stated in the courts ruling, really has little effect on the laws.

Emerson needs to appeal this to the US Spreme Court and have them rule 100% in his favor.  This ruling actually supports most of the laws that we view as unconstitutional, as they said they seen no problem with the Texas state law which can deny a person the right to keep and bear arms, even though no direct evidence has been shown.  It states that the law meets the minimum requirements because it has a clauses stating someone must fear that they are in danger of being harmed and that the Appeals Court assumed the Congress would assume that all of the courts in Texas would not issue a restraining order, if there wasn't some fear of danger.

So the bottom line is the Appeals court says it's perfectly OK for you to be stripped of all your gun rights if someone fears you will hurt them.

I disagree.



Since Emerson did not contest the death threats made by him against his wife, the court ruled that "a strong threat of irreparable injury" existed. They felt this was enough to "infringe" on his constitutional rights (I don't agree).

However, the farther reaching implications of this ruling are that the 2nd is an individual right. Now we need to use the shotgun approach to over turn the laws that infringe on our rights.

Yup, it's time to challenge all the gun laws in all 50 states simultaneously.  We can now maybe to do the antis what they tried to do to the gun industry.  A house divided upon itself cannot stand.

Yup, and I'd say there's no better time than right now.

Can we please start in California? [thinking]

Sounds like it will just be business as usual to me.