As we look forward to the Supreme Court’s review of District of Columbia vs. Heller, I’d like to take a second look at a 2001 ruling in the Fifth Circuit Court.
At question was Timothy Emerson’s divorce, during which his wife filed an unfounded restraining order against him. Despite a complete paucity of evidence proving Emerson was a threat to his wife’s welfare, a lower court issued the order, which barred Emerson from legally owning guns while the order was in effect.
The Fifth Circuit Court’s ruling took a long look at the context, history and wording of the Second Amendment and concluded that it did in fact protect the right of individuals to keep and bear arms.