''United States v. Emerson'', 270

F.3d The ''Federal Reporter'' () is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by We ...

203 (5th Cir. 2001), ''cert. denied'', ,''Cert. denied'', , 122 S. Ct. 2362 (2002). is a decision by the

United States Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * M ...

holding that the

Second Amendment to the United States Constitution The Second Amendment (Amendment II) to the United States Constitution protects the Right to keep and bear arms in the United States, right to keep and bear arms. It was ratified on December 15, 1791, along with nine other articles of the Un ...

guarantees individuals the right to bear arms. The case involved a challenge to the Constitutionality of , a federal statute that prohibited the transportation of firearms or ammunition in interstate commerce by persons subject to a court order whose explicit terms prohibits the use of physical force against an intimate partner or child. The Fifth Circuit engaged in an extensive analysis of the text and history of the Second Amendment and its attendant case law, including many state supreme court decisions, and ultimately determined that the Second Amendment "protects the right of individuals to privately" keep and bear arms. Nonetheless, the court held that the particular deprivation of the right to bear arms in the case before it did not violate the Constitution, and it also acknowledged the federal government's sharp limitations on disarming of individual Americans. The U.S. Supreme Court denied

certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of ...

to review of the Fifth Circuit's decision. In 2002, the

Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...

disagreed with ''Emerson'' in ''

Silveira v. Lockyer ''Silveira v. Lockyer,'' 312 F.3d 1052 (9th Cir. 2002), is a decision by the United States Court of Appeals for the Ninth Circuit ruling that the Second Amendment to the United States Constitution did not guarantee individuals the right to bear arm ...

''. In 2008, the

United States Court of Appeals for the District of Columbia Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate cou ...

held that the Second Amendment protects an individual right in ''

Parker v. District of Columbia ''District of Columbia v. Heller'', 554 U.S. 570 (2008), is a landmark decision of the U.S. Supreme Court ruling that the Second Amendment to the U.S. Constitution protects an individual's right to keep and bear arms, unconnected with service ...

'', which was reviewed by the

Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

in ''

District of Columbia v. Heller ''District of Columbia v. Heller'', 554 U.S. 570 (2008), is a landmark decision of the U.S. Supreme Court ruling that the Second Amendment to the U.S. Constitution protects an individual's right to keep and bear arms, unconnected with service i ...

''. The Supreme Court ruled in its decision that the Second Amendment "protects an individual right to keep and bear arms." In '' McDonald v. Chicago'', the Supreme Court incorporated the Second Amendment against the states by ruling that the right to keep and bear arms is an individual right. That mooted the questions that had remained in ''

Nordyke v. King ''Nordyke v. King'' was a case in the United States Court of Appeals for the Ninth Circuit in which a ban of firearms on all public property and whether the Second Amendment to the United States Constitution, Second Amendment should be applied to ...

''.

References

External links

* United States Court of Appeals for the Fifth Circuit cases United States Second Amendment case law 2001 in United States case law Violence against women in the United States {{US-case-law-stub

See also

References

External links