United States v. Emerson
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| 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.
