LUBBOCK, Texas (AP) — A man was sentenced Friday to 2 1/2 years in prison for owning guns while under a protective order — a limitation on gun rights that an appeals court held was constitutionally acceptable.
The U.S. Supreme Court last June declined to hear arguments that Timothy Emerson should have been allowed to keep his guns under the Second Amendment right to "keep and bear arms."
Emerson was indicted after the restraining order was issued during his divorce in 1998. He owned several rifles and a handgun at the time.
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A federal judge dismissed the charges, but the 5th Circuit Court of Appeals overturned the decision in 2001, ruling that an individual's right to bear arms could be restricted in some circumstances.