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Has any other federal appellate court shared the D.C. Circuit’s view of the Second Amendment?

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Has any other federal appellate court shared the D.C. Circuit’s view of the Second Amendment?

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Yes. In United States v. Emerson (2001), the U.S. Court of Appeals for the Fifth Circuit held that the Second Amendment “protects the right of individuals, including those not then actually a member of any militia … to privately possess and bear their own firearms … suitable as personal individual weapons.” The Fifth Circuit found that the Supreme Court’s opinion in Miller was consistent with an individual rights interpretation. According to the Fifth Circuit, Miller’s basic holding was simply that a sawed-off shotgun is not self-evidently protected by the Second Amendment.

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