Case Analysis of US v. Emerson

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Recommended: Domestic violence and the criminal justice system

Case Analysis of US v. Emerson This case deals with the Defendant's possession of a firearm while under a restraining order, and the charges incurred by the Defendant for such firearm possession. Under Texas law, the possession of a firearm by Mr. Emerson creates a perceivable threat to members of his family, thus creating a violation of the restraining order against him. Apparently common practice in Texas, the restraining order was filed by Mr. Emerson's wife in conjunction with the papers filed for divorce. The restraining order sought to enjoin Emerson from "engaging in various financial transactions to maintain the financial status quo and from making threatening communications or actual attacks upon his wife during the pendency of the divorce proceedings" (United 1). Under Texas law, unbeknownst to Mr. Emerson, the possession of a firearm during the time period of the restraining order constituted a direct violation of the restraining order, and Mr. Emerson was indicted on charges of such violation. District Court Analysis Mr. Emerson was indicted in the US District Court for the Northern District of Texas, San Angelo Division, on charges of violation of the restraining order filed against him. Possession of a firearm was in violation of 18 U.S.C. § 922(g)(8) (hereafter referred to as "the Act"). This statute states that: (g) It shall be unlawful for any person (8) who is subject to a court order that (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; (B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other c... ... middle of paper ... ...judge's question of whether it was the government's position that it could "take guns away from the public," and, "restrict ownership of rifles, pistols and shotguns from all people." Mateja responded, "Yes" (Texas). Works Cited National Rifle Association, the. amicus curiae US v. Timothy Joe Emerson. URL: http://www.potomac-inc.org/emernra. 7/20/00. Potomac Institute, the. amicus curiae in support of appellant. URL: http://www.potomac-inc.org/emerarg.html. 7/20/00. State of Alabama, the. amicus curiae US v. Timothy Joe Emerson. URL: http://www.potomac-inc.org/alaamic.html. 7/20/00. "Texas Case Could Help Shape Gun Debate." America's 1st Freedom. August 2000. Vol. 1, Number 3. United States District Court for the Northern District of Texas San Angelo Division. United States v. Emerson. URL: http://www.azstarnet.com/~sandman/emerson.htm. 7/20/00.

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