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Merril Press

Gun Rights Affirmed: U.S. v. Emerson

Gun Rights Affirmed: U.S. v. Emerson

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Federal Judge Sam Cummings of the Northern District of Texas dismissed an indictment against Timothy Joe Emerson for possession of a firearm while having a temporary restraining order against him. The judge cited violations of Emerson's Second and Fifth Amendment rights, and rejected the Government lawyer's claim that it was well-settled that the Second Amendment was only a collective right. This marks the first time in over 60 years that a federal judge has correctly interpreted the Second Amendment as a crucial individual right. This decision helps protect gun owners from the ever-increasing classes of people prohibited from gun ownership. Without a court willing to step in and put a halt to this practice, eventually anyone with a parking or speeding ticket could be prevented from gun ownership.

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