Second thoughts. (Ashcroft's 'Reasonable Restrictions').ATTORNEY GENERAL JOHN Ashcroft John David Ashcroft (born May 9 1942) is an American politician who was the 79th United States Attorney General. He served during the first term of President George W. Bush from 2001 until 2005. Ashcroft was previously the Governor of Missouri (1985 – 1993) and a U.S. has drawn harsh criticism from anti-gun activists for noting that the Second Amendment guarantees an individual right to keep and bear arms. Blinded by their outrage, activists have failed to notice that his position, even if adopted by the U.S. Supreme Court, is not likely to have practical consequences anytime soon. In a November memo to federal prosecutors, Ashcroft endorsed United States v. Emerson United States v. Emerson, 270 F.3d 203 (5th Cir. 2001), cert. denied, 122 S. Ct. 2362 (2002), is a 2001 decision of the Fifth Circuit Court of Appeals holding that the Second Amendment to the United States Constitution guarantees individuals the right to bear arms. , an October decision in which the U.S. Court of Appeals for the 5th Circuit concluded that "the Second Amendment, like other parts of the Bill of Rights, applies to and protects individual Americans." The Justice Department appended Ashcroft's memo to Supreme Court briefs it filed in May. But those briefs urged the Supreme Court not to hear appeals from two decisions that rejected challenges to gun control laws. In fact, one of the cases was Emerson, in which the 5th Circuit upheld a federal law that prohibits gun ownership by people subject to restraining orders restraining order: see injunction. . The man who challenged the law was a Texas physician going through an acrimonious divorce, and the court found that the possibility of violence was sufficient, "though likely barely so," to justify the restriction. More generally, the court said "limited, narrowly tailored specific exceptions or restrictions for particular cases" may be consistent with the Second Amendment. Ashcroft's memo likewise emphasized that "the existence of this individual right does not mean that reasonable restrictions cannot be imposed to prevent unfit unfit not properly prepared, e.g. physically incapable of performing hard work as in racing, because of lack of training. Said also of food prepared unhygienically. unfit for human consumption persons from possessing firearms This is an extensive list of small arms — pistol, machine gun, grenade launcher, anti-tank rifle — that includes variants. : Top - 0–9 A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A
Question Country: United States of America State: North Carolina My friend was charged with possession of a firearm by a felon. It has been seven years since his last conviction. particularly suited to criminal misuse." Ashcroft's definition of "reasonable restrictions" seems pretty broad. "The Department can and will continue to defend vigorously the constitutionality, under the Second Amendment, of all existing federal firearms laws," he wrote. Among other things, this means Ashcroft considers the federal ban on "assault weapons," which targets guns based on their scary looks, a reasonable restriction. Presumably pre·sum·a·ble adj. That can be presumed or taken for granted; reasonable as a supposition: presumable causes of the disaster. , an equally arbitrary federal ban on "Saturday night specials Saturday Night Special A slang term used to refer to a surprise takeover attempt. Notes: The term alludes to the fact that many takeover bids are announced over the weekend in order to avoid too much publicity. " (inexpensive handguns) also would meet his standard. Evidently, the Brady Law, which requires Americans to get clearance from the police before exercising their constitutional rights, is a reasonable restriction. Perhaps federal licensing and registration would pass muster too. Gun controllers may find it easier to live with the Second Amendment than they thought. |
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