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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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Another Anti-Gun Extremist Promoted for Biden’s Cabinet

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Monday, March 8, 2021

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On March 1st, Clyburn introduced H.R. 1446, the so-called “Enhanced Background Checks Act.” Under the bill, the FBI could indefinitely block federally licensed dealers (FFLs) from transferring firearms, simply by failing to provide decisions on the background ...

Colorado: Committee Passes Anti-Gun Measure That Further Victimizes Gun Owners

Friday, March 5, 2021

Colorado: Committee Passes Anti-Gun Measure That Further Victimizes Gun Owners

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Monday, March 8, 2021

February NICS: 2nd Amendment Still Popular

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Guide To The Interstate Transportation Of Firearms

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 as legal advice or a restatement of law.

Friday, February 5, 2021

Florida Alert! H.R. 127 - Federal Gun Control Proposal

Much is being said about H.R. 127 By Shelia Jackson Lee (D-TX) 117th Congress and we have had many folks contacting us seeking information. 

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Thursday, March 4, 2021

Connecticut: Firearm Seizure Bill Set for Committee Hearing

Tomorrow, March 5, at 10:00 AM, the Connecticut Judiciary Committee will hold a public hearing on House Bill 6355, which will take away the constitutional rights of individuals, without adequate due process.

South Dakota: Stand Your Ground Enhancement Legislation Successfully “Smoked Out” to the Floor

Friday, March 5, 2021

South Dakota: Stand Your Ground Enhancement Legislation Successfully “Smoked Out” to the Floor

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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.