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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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Friday, May 14, 2021

Washington: Second Amendment Banned in First Amendment Spaces After the Signing of Anti-Gun Measure

On Wednesday, despite the thousands of calls, emails, and other communication from NRA Members and Second Amendment supporters, Senate Bill 5038 advanced out of the legislature and was signed into law

ATF Proposed Rule a Blatant Attack on American Gun Industry

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Saturday, May 8, 2021

ATF Proposed Rule a Blatant Attack on American Gun Industry

Two weeks ago we reported on a leaked document that appeared to be a new ATF proposed rule to amend several key definitions in federal firearm regulations

Guide To The Interstate Transportation Of Firearms

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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.

Illinois: Gun Seizure Bill Resurrected, Passes House

Thursday, May 13, 2021

Illinois: Gun Seizure Bill Resurrected, Passes House

Yesterday, House Bill 1092, to expand Illinois’ program of suspending Second Amendment rights without due process, was resurrected after it previously had been re-referred to the House Rules Committee.

Texas: Constitutional Carry Bill Heading to Conference Committee

Thursday, May 13, 2021

Texas: Constitutional Carry Bill Heading to Conference Committee

The Texas House has sent House Bill 1927, constitutional carry legislation sponsored by Rep. Matt Schaefer (R-Tyler), to a conference committee to work out the differences between the House- and Senate-passed versions of the bill.

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Monday, June 30, 2014

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.

Oklahoma: Multiple Pro-Gun Bills Signed or a Step Away from Potential Signature

Friday, May 14, 2021

Oklahoma: Multiple Pro-Gun Bills Signed or a Step Away from Potential Signature

Numerous pro-gun measures have advanced through the Oklahoma Legislature and been signed into law. 

South Carolina: General Assembly Adjourns Sine Die

Friday, May 14, 2021

South Carolina: General Assembly Adjourns Sine Die

Yesterday, the South Carolina General Assembly adjourned sine die from its 2021 legislative session.

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Monday, May 17, 2021

NRA Members Show Up In Droves to Oppose Federal Gun Control

On April 21st, your NRA-ILA announced that we will be spending at least $2 Million in the fight against Federal Gun Control.

Biden Goes All in On Calls for Extreme Gun Control

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Monday, May 3, 2021

Biden Goes All in On Calls for Extreme Gun Control

President Biden dropped any pretense at “moderation” in his first address to a joint session of Congress since assuming the presidency.

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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.