Reply #414: Not hardly, pal... [View All]

[MrBenchley]

Sez you: "Emerson didn't try and shoot his wife or anyone else."
Sez the facts: "The debate began unfolding after Dr. Timothy Joe Emerson of San Angelo was arrested and accused of brandishing a handgun in front of his wife and her daughter."

http://seattlepi.nwsource.com/national/case08.shtml

"Timothy Joe Emerson, a Texas resident, had been charged with violating 18 U.S.C.§ 922(g)(8), which prohibits possession of a firearm by persons under a domestic violence restraining order. Emerson's wife obtained such an order from a judge in 1998, after Emerson had acknowledged his mental instability. Two months later Emerson's wife and daughter went to his office, where Emerson pulled his Beretta pistol from his desk drawer during an argument. Emerson was subsequently indicted for illegally possessing two 9mm pistols, a semi-auto SKS assault rifle with bayonet, a semi-auto M-14 assault rifle, and an M1 carbine and tried in District Court."

http://www.texansforgunsafety.org/articles/emerson.htm

From you, via the right wing loonies on the Fifth circuit: ""We find that the history of the Second Amendment
reinforces the plain meaning of its text"
From the facts: "It is believed to be the first decision in which a judge specifically called a law unconstitutional because it infringed on an individual's Second Amendment rights."

http://seattlepi.nwsource.com/national/case08.shtml

From you: "They did NOT say that the 2nd Amendment didn't apply"
From the actual court decision: "However, for the reasons
stated, we also conclude that the predicate order in question
here is sufficient, albeit likely minimally so, to support the
deprivation, while it remains in effect, of the defendant's
Second Amendment rights. Accordingly, we reverse the district
court's dismissal of the indictment on Second Amendment grounds."

http://laws.lp.findlaw.com/5th/9910331cr0.html

Sez you: "the court did find that there was an individual right"
And as I said, since they found that the Second Amendment did not apply, the gun nut rubbish that they inserted in their decision is legally meaningless.

P.S.: You might note that anybody who tries to pretend Tench Coxe is an important Founding Father is peddling a load of crap.