The Second Amendment 'Right to bear arms' and United States v. Emerson
The author examines a controversial ruling by the US Court of Appeals for the Fifth Circuit in 2001 (United States v. Emerson) that the Second Amendment can be applied to the individual’s right to bear arms. The author examines and critiques the legal basis of the court’s decision in light of its treatment of previous cases. He concludes that the court’s analysis was mistaken and notes that neither courts nor policy-makers should base their decisions on the Emerson ruling.
Spitzer, R. J. (2003). The Second Amendment 'right to bear arms' and United States v. Emerson. St. John's Law Review, 77(1), 1.
Spitzer, Robert J. "The Second Amendment 'Right to Bear Arms' and United States V. Emerson." St. John's Law Review 77.1 (2003): 1.