Recent 5th Circuit Court Decision... Liberal Justices at work carving away at our gun ownership rights by every way possible....
Appeals Court Rules: 2nd Amendment is Not a Property-like Right to a Specific Firearm Article Gun Laws, Politics & 2nd Amendment - 03.23.2012
Story by: S.H. Blannelberry
http://www.guns.com/appeals-court-r...-like-right-specific-firearm-5th-circuit.html
"Errol Houston Jr. was arrested for drug and firearm-related charges in 2008. As a result of the arrest, which stemmed from a traffic stop, the police confiscated his pistol. However, those charges were later dropped.
Once Houston's name was cleared, he attempted to get his registered gun back from the authorities. They refused to return the gun. So, with the help of the American Civil Liberties Union of Louisiana, Houston sued the Orleans Parish district attorneys office.
In 2010, Houstons case went before U.S. District Judge Jay Zainey, who dismissed the claims on the grounds that Houston failed to allege sufficient facts to show how authorities violated his right to bear arms by retaining his pistol.
Houston and his counsel appealed the decision to the 5th U.S. Circuit Court of Appeals.
Last Wednesday, in a majority opinion (2-1), a three-judge panel upheld the previous ruling by Judge Zainey, arguing that just as some regulation of speech e.g., of obscenity and defamationis outside the reach of the First Amendment, so, too, is some regulation of firearms outside the reach of the Second.
In other words, "The right protected by the Second Amendment is not a property-like right to a specific firearm, but rather a right to keep and bear arms for self-defense," Judge Rhesa Hawkins Barksdale wrote.
The ruling went on to say that because Houston has not alleged defendants prevented his retaining or acquiring other firearms, he has not, therefore, been deprived of his Second Amendment right to keep and bear arms.
Appeals Court Rules: 2nd Amendment is Not a Property-like Right to a Specific Firearm Article Gun Laws, Politics & 2nd Amendment - 03.23.2012
Story by: S.H. Blannelberry
http://www.guns.com/appeals-court-r...-like-right-specific-firearm-5th-circuit.html
"Errol Houston Jr. was arrested for drug and firearm-related charges in 2008. As a result of the arrest, which stemmed from a traffic stop, the police confiscated his pistol. However, those charges were later dropped.
Once Houston's name was cleared, he attempted to get his registered gun back from the authorities. They refused to return the gun. So, with the help of the American Civil Liberties Union of Louisiana, Houston sued the Orleans Parish district attorneys office.
In 2010, Houstons case went before U.S. District Judge Jay Zainey, who dismissed the claims on the grounds that Houston failed to allege sufficient facts to show how authorities violated his right to bear arms by retaining his pistol.
Houston and his counsel appealed the decision to the 5th U.S. Circuit Court of Appeals.
Last Wednesday, in a majority opinion (2-1), a three-judge panel upheld the previous ruling by Judge Zainey, arguing that just as some regulation of speech e.g., of obscenity and defamationis outside the reach of the First Amendment, so, too, is some regulation of firearms outside the reach of the Second.
In other words, "The right protected by the Second Amendment is not a property-like right to a specific firearm, but rather a right to keep and bear arms for self-defense," Judge Rhesa Hawkins Barksdale wrote.
The ruling went on to say that because Houston has not alleged defendants prevented his retaining or acquiring other firearms, he has not, therefore, been deprived of his Second Amendment right to keep and bear arms.
