The Second Amendment 'Right to bear arms' and United States v. Emerson

Author: Spitzer, Robert J.
Publication: St. John's Law Review
Topics: Gun Carrying Law Enforcement
Keywords: Court of Appeals Second Amendment United States v. Emerson
Bibliographic information +

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.