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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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Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

Wednesday, April 15, 2026

Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

As bad as the Democrat-controlled Virginia General Assembly’s ban on commonly-owned semi-automatics is, phony moderate Gov. Abigail Spanberger (D) is seeking to make it even worse.

Virginia: Gov. Spanberger’s (D) Approval Tanks after Radical Anti-gun Legislative Session

News  

Monday, April 13, 2026

Virginia: Gov. Spanberger’s (D) Approval Tanks after Radical Anti-gun Legislative Session

It’s only two months into one-party Democrat rule in the Old Dominion, and Virginians don’t like what they’re seeing.

Maryland: Semi-Auto Ban Goes to Governor’s Desk

Friday, April 10, 2026

Maryland: Semi-Auto Ban Goes to Governor’s Desk

Today, the generally assembly passed SB 334, a ban on many common semi-automatic handguns, it now heads to the governor’s desk

Australia’s National Gun Buyback Already an “Extinct Policy”

News  

Monday, April 13, 2026

Australia’s National Gun Buyback Already an “Extinct Policy”

The ineffectual virtue-signaling that so-called gun “buybacks” represent is finally being exposed on a global level, given the massive problems with the Canadian, and now the Australian, federal government gun bans and grabs.

Maryland:  Legislature Adjourns Sine Die from 2026 Session

Friday, April 17, 2026

Maryland: Legislature Adjourns Sine Die from 2026 Session

This week, the Maryland General Assembly adjourned sine die for the 2026 session.

Kentucky: Legislature Overrides Governor Beshear's Vetoes on Pro-Gun Bills

Tuesday, April 14, 2026

Kentucky: Legislature Overrides Governor Beshear's Vetoes on Pro-Gun Bills

Today, April 14th, the legislature convened for a veto override session, and successfully overrode Governor Andy Beshear's vetoes of House Bill 78 and House Bill 312.

We Can Relate: Digital Culture Rues Targeting of Neutral Technology, Innocent Users

News  

Monday, April 13, 2026

We Can Relate: Digital Culture Rues Targeting of Neutral Technology, Innocent Users

The rapid expansion of regulations targeting 3D printed firearms is increasingly raising justifiable concerns apart from the Second Amendment community.

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Tuesday, April 14, 2026

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Fresh off the heels of receiving one of the most abysmal approval ratings for a modern Virginia Governor, Abigial Spanberger has doubled-down and signed several pieces of anti-Second Amendment legislation.

DOJ Legal Filing Renews Concerns About ATF’s Posture on Braced Pistols

Friday, March 20, 2026

DOJ Legal Filing Renews Concerns About ATF’s Posture on Braced Pistols

The saga of ATF’s enforcement of the National Firearm Act’s “short barreled rifle” provisions against braced pistols has been a roller coaster ride of shifting interpretations. NRA-ILA has been keeping up with, reporting on, and ...

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

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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.