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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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Rhode Island:  Gun Bans On Tap In Providence Next Week

Friday, April 3, 2026

Rhode Island: Gun Bans On Tap In Providence Next Week

On Wednesday April 8, the House Judiciary Committee will meet in the House Lounge at 4 p.m. to launch an historic attack on our Second Amendment rights. 

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

Sunday, March 15, 2026

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

Ammunition Serialization: The Five-Cent Fiasco in Illinois

News  

Monday, March 30, 2026

Ammunition Serialization: The Five-Cent Fiasco in Illinois

Democrat officials in Illinois have long taken unabashed pride in the abridgement of Second Amendment rights, and their latest attempt at “bullet control” is again making headlines.

Trump Administration Continues to Deliver for Gun Owners with Recent Initiatives

News  

Monday, April 6, 2026

Trump Administration Continues to Deliver for Gun Owners with Recent Initiatives

Amid a steady stream of headlines highlighting anti-gun legislative proposals in the states, ongoing litigation battles, and regulatory uncertainty, there is also good news to report on the Second Amendment front, courtesy of the Trump ...

Kentucky: Governor Beshear Vetoes Pro-Gun Bills - Urge Your Legislators to Override!

Friday, April 3, 2026

Kentucky: Governor Beshear Vetoes Pro-Gun Bills - Urge Your Legislators to Override!

On Thursday, April 2nd, Governor Andy Beshear vetoed two pro-gun bills, House Bill 78 and House Bill 312.

Anti-gun Chicago Mayor Spends Astronomical Amounts of Tax Dollars on Armed Security

News  

Monday, April 6, 2026

Anti-gun Chicago Mayor Spends Astronomical Amounts of Tax Dollars on Armed Security

Chicago Mayor Brandon Johnson, who was dragged for spending over $30,000 of his campaign funds on hair and makeup in a year, is now facing scrutiny over the optics and price tag of his personal security force.

West Virginia: Governor Morrisey Signs Constitutional Carry Expansion Bill

Thursday, April 2, 2026

West Virginia: Governor Morrisey Signs Constitutional Carry Expansion Bill

On Wednesday, April 1st, Governor Patrick Morrisey signed House Bill 4106, expanding constitutional carry provisions to 18-20 year olds.

California Court’s “Technical Issue” Nullifies Background Checks

News  

Monday, March 30, 2026

California Court’s “Technical Issue” Nullifies Background Checks

California, already well known for its de-policing, non-prosecution, and other soft-on-crime policies, has taken enabling criminals to a whole new level.

Trump Administration Addresses Defensive Carry for Active-Duty Military Members

News  

Monday, April 6, 2026

Trump Administration Addresses Defensive Carry for Active-Duty Military Members

Just as we were finalizing another article this week on pro-gun initiatives by the Trump Administration, yet another example was announced. 

“Gun Free Zones” Herd Honest Citizens into Physical and Legal Peril

News  

Monday, March 30, 2026

“Gun Free Zones” Herd Honest Citizens into Physical and Legal Peril

Never mind the homelessness, drug use, and routine violence … according to Empire State politicians, New York City’s transit system is a “sensitive place.”

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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.