United States v. Emerson: Difference between revisions

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Latest revision as of 03:44, July 14, 2023

United States v. Emerson
Court U.S. Court of Appeals, 5th Circuit
Citation 270 F.3d 203 (5th Cir. 2001)
Date decided 2001

Facts

The defendant was charged with shipping a firearm, which was the state law.

Issues

Whether the language of the Second Amendment: “… a well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed” protects the rights of individuals or members of the state militia to own guns.

Holding

The amendment applies to individual rights.

Rule

The Second Amendment does protect individual rights.