United States v. Emerson

[3] The Fifth Circuit engaged in an extensive analysis of the text and history of the Second Amendment and its attendant case law, including many state supreme court decisions, and ultimately determined that the Second Amendment "protects the right of individuals to privately" keep and bear arms.

Nonetheless, the court held that the particular deprivation of the right to bear arms in the case before it did not violate the Constitution, and it also acknowledged the federal government's sharp limitations on disarming of individual Americans.

[6] The Supreme Court ruled in its decision that the Second Amendment "protects an individual right to keep and bear arms."

In McDonald v. Chicago,[7] the Supreme Court incorporated the Second Amendment against the states by ruling that the right to keep and bear arms is an individual right.

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