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APPEARS IN Legal & Legislation

Court Decisions Voiding Restrictive Or Prohibitive Arms Laws

Wednesday, September 29, 1999


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



Sunday, October 4, 2015

Handgun ban? Fuggedaboudit! Nassau County DA Lifts Unconstitutional Restriction

Last week, law professor and Washington Post blogger Eugene Volokh, exposed how the District Attorney’s Office in Nassau County, New ...


Friday, September 18, 2015

CNN Poll Offers Bad News for Gun Controllers, Anti-gun Candidates

Candidates for the Democratic presidential nomination – Hillary Clinton and Martin O’Malley – have spent significant effort in recent months trying to ...


Wednesday, September 30, 2015

New Jersey's Gun Control Trap

"They basically told me I'm one step below a murderer in the eyes of the New Jersey court." So ...


Sunday, October 4, 2015

San Francisco Supervisors Drive All Gun Stores from City

When gun controllers contend that they aren’t out to prohibit civilian access to firearms, but simply want “responsible” ...


Thursday, August 6, 2015

North Carolina Governor McCrory Signs NRA-Backed Bill Into Law

North Carolina Gov. Pat McCrory signed NRA-backed House Bill 562 into law to improve a great deal of existing statutes ...

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered ...


Friday, September 25, 2015

When Anti-Gunners Say "Gun Safety," They Don't Mean It

In what can only be described as a blatant display of hypocrisy, two gun ban groups have started ...

Sunday, October 4, 2015

Florida Alert! Bill to Allow Open-Carry to Stop Abuse of CW License Holders

On Tuesday, October 6, 2015 at 9:00am the House Criminal Justice Committee will hold a hearing on  HB-163 ...


Tuesday, September 29, 2015

California’s Wildlife Resource Committee Continues to Operate without Procedures

On September 24, the National Rifle Association submitted a letter to the California Fish and Game Commission objecting ...


Friday, May 8, 2015

Guns vs. Cars Comparison is No Accident

In the Art of War, Chinese military theoretician Sun Tzu advised, “appear weak when you are strong, and ...


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.