December 2001

Your Right to Keep and Bear Arms

In a landmark ruling, the U.S. Fifth Circuit Court of Appeals in New Orleans held October 16 that the Second Amendment to the United States Constitution guarantees the right of individuals to keep and bear arms. The court rejected the arguments of the Clinton administrationís Justice Department that the Second Amendment does not apply to individuals but merely recognizes the right of the state to arm its militia.

The case, United States v. Emerson, arose out of a Texas divorce suit in which a restraining order had been issued against the husband, Dr. Timothy Joe Emerson, who was subsequently charged with violating a federal law that prohibits the possession of firearms while under such a...

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