Keep and Bear Arms

Good and Bad Recent Circuit Court Decisions

from Dave LaCourse
[email protected]
Second Amendment Foundation

August 31, 2001

Hi All,

No decision, but plenty to report. A long info dump for a long weekend! Also have the end of the month wrap-up.

1. Two Cases decided. One good, one bad. Added to the Emerson Fix page as Items 4. G. & H.

G. Again, the Fifth Circuit upholds the restoration of Firearms Rights. A three-judge panel unanimously ruled that Mr. Fix had could not be prosecuted under the federal felon in possession statute since his rights were previously restored, including firearms rights. http://www.ca5.uscourts.gov/opinions/pub/00/00-10789-cr0.htm

H. And the Bad News: In a case that shows the limitation of judicial review often associated with the Second Amendment, and the dangers of a poorly run defense, a three-judge panel unanimously ruled that the machine gun ban does not violate either the Second Amendment or Interstate Commerce clauses. This case upheld Mr. Haney's conviction for possession of unregistered machine guns. This case highlights the dangers of just proclaiming the Second Amendment as a defense without sound reasoning behind it! ! !

Don't try this at home!!!!!

This idiot went to the police and said he had machine guns that were not registered, and that they couldn't make him register them. He WANTED to be the test case. Dumb. The Second Amendment remains largely undefined. That is why the Emerson case is taking so long, as a "case of first impression!" http://www.kscourts.org/ca10/cases/2001/08/00-6129.htm

2. While the VPC tries to submit their rant against Ashcroft, the Educ. Fund To End Handgun Violence is trying to toss out the submission of John Ashcroft's letter to the NRA. See their August 16, 2001 Press Release here: http://www.gunfree.org/content/press/press_releases_opposeashcroft_81601.html

Posted as Item 3.H. on the Emerson Fix page.

3. GRPC 2001 will be in the Cincinnati, Ohio Area on Sept 21-23, 2001. Emerson will be discussed in depth. It is the biggest gun rights event of the year!!!

Read about it here: http://www.saf.org/GRPC2001.htm

4. A monthly wrap up of the 5th circuit decisions is now listed at the beginning of Item 14. and Table 1 on the Emerson fix page here:

http://www.saf.org/pub/rkba/news/EmersonFix.htm

For the first time all year, NOT ONE decision had a docket number LOWER than Emerson's. In addition, the 2000-2001 cases were 77.4% of the cases, with the rest being 1999 cases docketed after Emerson.

Some are repeating that Emerson has to be decided in the next 60 days... Yes, I know, I have said that before, but one of these times, the prediction will prove correct.

My prediction is on a Friday afternoon. Yeah, I got a one in 10 chance of being right (based on 5 days of releases a week, times two with both morning and afternoon release times!!!!)

More news soon.

Dave

P.S. Enjoy the long week-end!

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Written By:	Dave LaCourse
	Good and Bad Recent Circuit Court Decisions from Dave LaCourse [email protected] Second Amendment Foundation August 31, 2001 Hi All, No decision, but plenty to report. A long info dump for a long weekend! Also have the end of the month wrap-up. 1. Two Cases decided. One good, one bad. Added to the Emerson Fix page as Items 4. G. & H. G. Again, the Fifth Circuit upholds the restoration of Firearms Rights. A three-judge panel unanimously ruled that Mr. Fix had could not be prosecuted under the federal felon in possession statute since his rights were previously restored, including firearms rights. http://www.ca5.uscourts.gov/opinions/pub/00/00-10789-cr0.htm H. And the Bad News: In a case that shows the limitation of judicial review often associated with the Second Amendment, and the dangers of a poorly run defense, a three-judge panel unanimously ruled that the machine gun ban does not violate either the Second Amendment or Interstate Commerce clauses. This case upheld Mr. Haney's conviction for possession of unregistered machine guns. This case highlights the dangers of just proclaiming the Second Amendment as a defense without sound reasoning behind it! ! ! Don't try this at home!!!!! This idiot went to the police and said he had machine guns that were not registered, and that they couldn't make him register them. He WANTED to be the test case. Dumb. The Second Amendment remains largely undefined. That is why the Emerson case is taking so long, as a "case of first impression!" http://www.kscourts.org/ca10/cases/2001/08/00-6129.htm 2. While the VPC tries to submit their rant against Ashcroft, the Educ. Fund To End Handgun Violence is trying to toss out the submission of John Ashcroft's letter to the NRA. See their August 16, 2001 Press Release here: http://www.gunfree.org/content/press/press_releases_opposeashcroft_81601.html Posted as Item 3.H. on the Emerson Fix page. 3. GRPC 2001 will be in the Cincinnati, Ohio Area on Sept 21-23, 2001. Emerson will be discussed in depth. It is the biggest gun rights event of the year!!! Read about it here: http://www.saf.org/GRPC2001.htm 4. A monthly wrap up of the 5th circuit decisions is now listed at the beginning of Item 14. and Table 1 on the Emerson fix page here: http://www.saf.org/pub/rkba/news/EmersonFix.htm For the first time all year, NOT ONE decision had a docket number LOWER than Emerson's. In addition, the 2000-2001 cases were 77.4% of the cases, with the rest being 1999 cases docketed after Emerson. Some are repeating that Emerson has to be decided in the next 60 days... Yes, I know, I have said that before, but one of these times, the prediction will prove correct. My prediction is on a Friday afternoon. Yeah, I got a one in 10 chance of being right (based on 5 days of releases a week, times two with both morning and afternoon release times!!!!) More news soon. Dave P.S. Enjoy the long week-end!