Citation. 46 F. Supp. 2d 598, 1999 U.S. Dist.
Brief Fact Summary. The Defendant, Timothy Joe Emerson (Defendant), moved to dismiss his indictment under 18 U.S.C. Section: 922(g)(8) for possession of a firearm while being under a restraining order. The Defendant argued that the statute violated his rights under the Second Amendment of the United States Constitution (Constitution).
Synopsis of Rule of Law. The Second Amendment of the Constitution confers an individual right, which may not be abridged without due process.
Facts. During his divorce proceeding, a restraining order was placed on Defendant. Defendant was indicted for possession of a firearm while under that order, in violation of 18 U.S.C. Section: 922(g)(8). Defendant claims that the statute is unconstitutional, as it abridges his right to keep and bear arms as guaranteed by the Second Amendment of the Constitution.
Issue. Does the Second Amendment of the Constitution confer an individual right to keep and bear arms?