In a two-fisted defense of individual rights against the power of the federal government, U.S. District Judge Sam R. Cummings of Lubbock struck down as unconstitutional a federal criminal provision in the Violent Crime Control and Law Enforcement Act of 1994, which prohibits the possession of a gun by persons subject to certain family law court orders.
Cummings’ March 30 opinion in United States v. Timothy Joe Emerson declared that the statute, 18 U.S.C. &922(g)(8), violates the Second Amendment because it allows a state court divorce proceeding, without a finding of threatened future violence, to deprive automatically a citizen of his right to keep and bear arms.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
