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The New DU. Reply #136: Is this not a holding of the 2004 Emerson decision?
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hansberrym
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Mon Jun-14-04 06:17 PM
Response to Reply #133 |
| 136. Is this not a holding of the 2004 Emerson decision? |
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From Emerson:
The Sentencing Commission's decision to punish offenses involving such weapons more severely is "reasonable and not inconsistent with the right of Americans generally to keep and bear their private arms . . . ." Emerson, 270 F.3d at 261
(end quote)
The meaning of the phrase "the right of Americans generally to keep and bear their private arms" can not be misunderstood. It is a recognition of an individual RKBA by the 2004 Emerson Court. The 2004 court did not disagree with this aspect of the 2001 decision, nor with what the 1999 court said in general about an individual RKBA.
The disagreement was on specifics of where to draw the line concerning an individual RKBA and public order.
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