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Court Decisions Voiding Restrictive Or Prohibitive Arms Laws

Wednesday, September 29, 1999

THE RIGHT TO KEEP AND BEAR ARMS:
COURT DECISIONS VOIDING RESTRICTIVE OR PROHIBITIVE ARMS LAWS

Courts have held on at least 20 reported occasions that a restrictive or prohibitive arms law was unconstitutional because it impermissibly infringed the individual right to keep and bear arms.

State ex rel. City of Princeton v. Buckner,
180 W.Va. 457, 377 S.E.2d 139 (1988)
Struck down a gun carrying law as too restrictive

Barnett v. State,
72 Or. App. 585, 695 P. 2d 991 (1985)
Struck down prohibition of possession of a black jack

State v. Deloado,
298 Or. 395, 692 P. 2d 610 (1984)
Struck down prohibition of possession of a switchblade

State v. Blocker,
291 Or. 255, 630 P.2d 824 (1981)
Struck down prohibition of carrying a club

State v. Kessler,
289 Or. 359, 614 P. 2d 94 (1980)
Struck down prohibition of possession of a club

City of Lakewood v. Pillow,
180 Colo. 20, 501 P.2d 744 (1972)(en banc)
Struck down gun law on sale, possession and carrying as too restrictive

City of Las Vegas v. Moberg,
82 N.M. 626, 485 P. 2d 737 (Ct. App. 1971)
Struck down restrictive gun carrying law

People v. Nakamura,
99 Colo. 262, 62 P.2d 246 (1936)(en banc)
Struck down prohibitive firearms possession law

Glasscock v. City of Chattanooga,
157 Tenn. 518, 11 S.W. 2d 678 (1928)
Struck down gun carrying law as too restrictive

People v. Zerillo,
219 Mich. 635, 189 N.W. 927 (1922)
Struck down restrictive pistol possession law

State v. Kerner,
181 N.C. 574, 107 S.E. 222 (1921)
Struck down pistol carrying license and bond requirement as too restrictive

In re Reilly,
31 Ohio Dec. 364 (C.P. 1919)
Struck down law forbidding hiring armed security guards

State v. Rosenthal,
75 Vt. 295, 55 A 610 (1903)
Struck down pistol carrying ordinance as too restrictive

In re Brickey,
8 Idaho 587, 70 P. 609 (1902)
Struck down pistol carrying law as too restrictive

Jennings v. State,
5 Tex. App. 298 (1878)
Struck down law requiring forfeiture of pistol after misdemeanor conviction as unconstitutional

Wilson v. State,
33 Ark. 557, 34 Am. Rep. 52 (1878)
Struck down pistol carrying law as too restrictive

Andrews v. State,
50 Tenn. (3 Heisk.) 165, 8 Am. Rep. 8 (1871)
Struck down pistol carrying law as too restrictive

Smith v. Ishenhour,
43 Term. (3 Cold.) 214 (1866)
Struck down gun confiscation law as unconstitutional

Nunn v. State,
1 Ga. (1 Kelly) 243 (1846)
Struck down pistol carrying law as too restrictive

Bliss v. Commonwealth,
12 Ky. (2 Litt.) 90, 13 Am. Dec. 251 (1822)
Struck down concealed carrying law involving a sword in a cane as unconstitutional

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North Dakota: Important Self-Defense Bills Pass House

Tuesday, February 21, 2017

North Dakota: Important Self-Defense Bills Pass House

Today, February 21, two important pro-gun bills passed the House of Representatives.  House Bill 1169, the constitutional/permitless carry bill, passed the House with a 83-9 vote and House Bill 1310, the school carry bill, passed ...

New Hampshire Governor Signs Constitutional Carry Into Law

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Wednesday, February 22, 2017

New Hampshire Governor Signs Constitutional Carry Into Law

Measure Effective Immediately. Today was a great victory for gun owners in New Hampshire when Gov. Chris Sununu signed Senate Bill 12 into law, allowing law-abiding New Hampshirites to carry their firearms in the manner that ...

NRA-Backed Resolution to Stop Obama Attack on State Wildlife Management Passes House

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Hunting  

Friday, February 17, 2017

NRA-Backed Resolution to Stop Obama Attack on State Wildlife Management Passes House

On Friday, the U.S. House of Representatives passed H.J. Res. 69, a measure that would use the Congressional Review Act to repeal an Obama-era rule passed by the U.S. Fish and Wildlife Service (FWS) to preempt ...

California DOJ Withdraws “Assault Weapon” Regulations

Monday, February 13, 2017

California DOJ Withdraws “Assault Weapon” Regulations

As previously reported, after the California Department of Justice submitted regulations regarding newly classified “assault weapons” to the Office of Administrative Law (“OAL”) for publication in the California Code of Regulations (CCR), NRA and California ...

Kentucky: House Introduces Constitutional/Permitless Carry Legislation

Tuesday, February 14, 2017

Kentucky: House Introduces Constitutional/Permitless Carry Legislation

The Kentucky House of Representatives introduced their own constitutional/permitless carry bill. House Bill 316, sponsored by Representative C. Wesley Morgan (R-81), recognizes Kentuckians’ freedom to legally carry a concealed firearm without the burdensome requirement of acquiring ...

New Mexico: Beware of "Fake News" Regarding HB 50!

Sunday, February 19, 2017

New Mexico: Beware of "Fake News" Regarding HB 50!

Late last week, instead of voting on House Bill 50, the New Mexico House referred the bill back to the House Judiciary Committee.

Senate Votes to Block Obama Social Security Administration Gun Ban; Legislation Heads to President Trump

News  

Friday, February 17, 2017

Senate Votes to Block Obama Social Security Administration Gun Ban; Legislation Heads to President Trump

On Wednesday morning, the U.S. Senate voted 57-43 in favor of H.J.Res.40, which would block the implementation of an Obama-era rule under which the Social Security Administration (SSA) would report the names of tens of ...

Massachusetts: Legislation Introduced to Challenge AG Healey’s Gun Ban

Thursday, February 16, 2017

Massachusetts: Legislation Introduced to Challenge AG Healey’s Gun Ban

The Massachusetts General Court’s 2017 legislative session is in full swing with the introduction of numerous pro- and anti-gun bills.  Among the pro-gun bills are Senate Docket 1157 and Senate Docket 1889.  Both SD 1157 ...

Washington: One Anti-Gun Substitute Dies in Committee, Another is Headed to the House Floor

Thursday, February 16, 2017

Washington: One Anti-Gun Substitute Dies in Committee, Another is Headed to the House Floor

Today, the House Judiciary Committee considered substitute bills for House Bill 1387 and House Bill 1122. 

South Dakota: Bill Introduced to Silence NRA Communications

Friday, February 17, 2017

South Dakota: Bill Introduced to Silence NRA Communications

Recently introduced in the House of Representatives is House Bill 1200, legislation that would severely limit your NRA-ILA’s ability to communicate with its membership in South Dakota.

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.