Here's some additional question and answer from the 5th District Court hearing the Emerson case.
Well, here it is from the mouth of the lawyers representing the United
States government, from my notes at the Emerson case.
Judge Garwood: "You are saying that the Second Amendment is consistent
with a position that you can take guns away from the public? You can
restrict ownership of rifles, pistols and shotguns from all people? Is
that the position of the United States?"
Meteja (for the government: "Yes"
Judge Garwood was having none of that.
Garwood: "Is it the position of the United States that persons who are
not in the National Guard are afforded no protections under the Second
Amendment?"
Meteja: Exactly.
Meteja then said that even membership in the National Guard isn't enough
to protect the private ownership of a firearm. It wouldn't protect the
guns owned at the home of someone in the National Guard.
Garwood: Membership in the National Guard isn't enough? What else is
needed?
Meteja: The weapon in question must be used in the National Guard.
In other words, no one, even if a member of the National Guard, has a
right to own guns privately. That is the position of the U.S. government.
The judges seemed to reject the federalism position of the government
which says that once an item has moved across a state line, it is forever
covered by federal laws because it is involved in interstate commerce.
This rejection seems to be in line with several narrow decisions from the
Supreme Court in recent years.
The judges also appeared incredulous that the government was saying that
no one has a right to own guns, and that the Second Amendment guarantees
only the right of the National Guard to own guns.
It will be weeks or months before a decision is issued on this case, and
nothing is assured, by any means. However, if you need some hope, I leave
you with this final statement to government lawyer, made by Judge DeMoss.
"You shouldn't let it bother your sleep that Judge Garwood (the senior
judge) and I, between us, own enough guns to start a revolution in most
South American countries."
Now, what can you do with this information?
1. Write letters detailing the government's position that NO ONE has a
right to own a gun. Most people in this country believe that they do, in
fact, have the right to own a gun, and they need to know what the
government is saying.
2. Explain to your fellow gun owners how important this case is (see point
number 1 above), and that it is vital that Al Gore not be elected
president, where he can appoint Supreme Court justices. If the Emerson
case goes as I hope, it will be appealed to the Supreme Court. We don't
want Gore appointees sitting there when this case arrives. |
