guns & purses (was Re: guns & crime)

Justin Schwartz jkschw at
Thu Oct 19 11:59:51 PDT 2000

I can find no case satisfying that description under the Westlaw 5th Cir. database or under the S.Ct database for cert granted. More details, like a cite? --jks

>From: Matt Cramer <cramer at>
>Reply-To: lbo-talk at
>To: lbo-talk at
>Subject: Re: guns & purses (was Re: guns & crime)
>Date: Thu, 19 Oct 2000 13:48:23 -0400 (EDT)
>On Thu, 19 Oct 2000 JKSCHW at wrote:
> > The S.Ct may change its mind, but until then, that's the law. If you
> > don't believe me, try it in court. --jks
>Already being done. US v. Emerson in the 5h Circuit Appeals Court.
>Emerson was charged with owning a gun while being under a restraining
>order (a federal crime), and he appealed the conviction based upon the
>fact that a restraining order is not due process, and therefore this laws
>violates his right to own guns. The position of the DoJ is that there is
>no personal right to own guns, so no right was violated, so the due
>process issue is moot. The 5th Circuit did not appear convinced of that
>argument (it is the 5th Circuit after all) according to reports I've read
>of the hearing, but as far as I know a decision hasn't been given yet. If
>Emerson gets his appeal, it will be interesting if the DoJ has the guts to
>take this case before the SCotUS. IMNSHO neither the gun-grabbers nor the
>billion-doallar-business that is the NRA have any desire to actually get
>the issue resolved.
>Matt Cramer <cramer at>
>Trillian did a little research in the ship's copy of
>THHGTTG. It had some advice to offer on drunkenness.
>"Go to it", it said, "and good luck." It was
>cross-referenced to the entry concerning the size of the
>Universe and ways of coping with that.

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