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Appeals court upholds gun control law

NEW ORLEANS, Louisiana (CNN) -- In a closely watched gun control case, a federal appeals court reversed a lower court Tuesday and upheld a law that prohibits possession of a firearm by someone under a domestic violence restraining order.

The victory for gun control advocates in the 5th U.S. Circuit Court of Appeals in New Orleans was tempered, however, by a 2-1 majority conclusion that the Second Amendment grants the right of individual citizens to buy and bear firearms.

That position, supported by the National Rifle Association, is bitterly opposed by gun control supporters who maintain that the Second Amendment grants only a collective right to bear arms by state militias, now organized as the National Guard.

The case in question -- U.S. v. Emerson -- had become the focus of wide attention when the Justice Department under Attorney General Janet Reno agreed to follow the Clinton administration's lead and continue to defend the gun prohibition against those under restraining orders.

A letter from current Attorney General John Ashcroft to the NRA expressing support for the view that individual citizens have a constitutionally protected right to bear arms reversed the Reno view and produced howls of protest from gun control groups.

In his May 17 letter to the NRA, Ashcroft said, "While some have argued that the Second Amendment guarantees only a 'collective' right of the states to maintain militias, I believe the amendment's plain meaning and original intent prove otherwise."

"Let me state unequivocally my view that the text and the original intent of the Second Amendment clearly protects the right of individuals to keep and bear firearms," his letter said.

Following Tuesday's ruling the Violence Policy Center, a gun control group, applauded the decision upholding the law.

"Today the 5th Circuit Court of Appeals rejected the sweeping arguments of the gun lobby that the Second Amendment guarantees domestic abusers an individual right to possess a gun," said Mathew Nosanchuk, the group's legislative counsel.

He downplayed the majority view of the individual right to bear arms as "an advisory opinion."

Timothy Joe Emerson, the defendant in the case, was arrested and charged with illegally purchasing and possessing guns after his estranged wife filed for divorce and was granted a restraining order. Emerson later displayed a pistol during an argument with his wife in the presence of their daughter.

A lower court judge in Texas agreed with Emerson's argument that the federal ban on gun possession for those under protective orders was an unconstitutional violation of the Second Amendment.