List of firearm court cases in the United States

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violation of this constitutional guaranty, wherefore they pronounced it void. The learned judge who delivered the opinion said: " To be in conflict with the constitution, it is not essential that the act should contain a prohibition against bearing arms in every possible form; it is the right to bear arms in defence of the citizens and the State that is secured by the constitution, and whatever restrains the full and complete exercise of that right, though not an entire destruction of it, is forbidden by the explicit language of the constitution." On the other hand, a similar clause in the Arkansas constitution was declared by the Arkansas court not to be violated by this enactment,—the object of which is, the court considered, not to prevent the carrying of weapons in self-defence, but only to regulate the manner of carrying them." And the Arkansas doctrine is the one approved generally by the American tribunals."

1369:, 21 Tenn. 154, 156 (1840), the Tennessee Supreme Court construed the guarantee in Tennessee's 1834 Constitution that " 'the free white men of this State, have a right to keep and bear arms for their common defence.' " Explaining that the provision was adopted with the same goals as the Federal Constitution's Second Amendment, the court wrote: "The words 'bear arms' ... have reference to their military use, and were not employed to mean wearing them about the person as part of the dress. As the object for which the right to keep and bear arms is secured, is of general and public nature, to be exercised by the people in a body, for their common defence, so the arms, the right to keep which is secured, are such as are usually employed in civilized warfare, and that constitute the ordinary military equipment." 1025:

Tenth Amendments provide that certain rights and powers are retained by and reserved to 'the people.' See also U.S. Const., Amdt. 1 ('Congress shall make no law ... abridging ... the right of the people peaceably to assemble') (emphasis added); Art. I, 2, cl. 1 ('The House of Representatives shall be composed of Members chosen every second Year by the people of the several States') (emphasis added). While this textual exegesis is by no means conclusive, it suggests that 'the people' protected by the Fourth Amendment, and by the First and Second Amendments, and to whom rights and powers are reserved in the Ninth and Tenth Amendments, refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community.

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the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment, or that its use could contribute to the common defense. Aymette v. State, 2 Humphreys (Tenn.) 154, 158. The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. 'A body of citizens enrolled for military discipline.' And further, that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time.

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individual and collective right in the Commonwealth of Kentucky. This recognition, has remained to the present day in the Commonwealth of Kentucky's Fourth Constitution enacted in 1891, in Section 1, Article 7, that guarantees "The right to bear arms in defense of themselves and of the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons." As noted in the Northern Kentucky Law Review Second Amendment Symposium: Rights in Conflict in the 1980s, vol. 10, no. 1, 1982, p. 155, "The first state court decision resulting from the "right to bear arms" issue was

329: 1077:(1st Cir. 1942) was the next federal Second Amendment case after Miller. The opinion upheld the conviction concluding that "there is no evidence that the appellant was or ever had been a member of any military organization or that his use of the weapon under the circumstances disclosed was in preparation for a military career." The court established the federal precedent of restricting the Second Amendment to citizens themselves having a connection to militia. It described as "outdated" the Supreme Court's conclusion in Miller that it is the weapons which must have such a connection. 681: (1886) - This second post-Civil War era case related to the meaning of the Second Amendment rights relating to militias and individuals. The court ruled the Second Amendment right was a right of individuals, not militias, and was not a right to form or belong to a militia, but related to an individual right to bear arms for the good of the United States, who could serve as members of a militia upon being called up by the Government in time of collective need. In essence, it declared, although individuals have the 1430:

attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State. Our opinion is, that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right, originally belonging to our forefathers, trampled under foot by Charles I. and his two wicked sons and successors, re-established by the revolution of 1688, conveyed to this land of liberty by the colonists, and finally incorporated conspicuously in our own Magna Carta!

854:, rather than "may-issue" systems which may be based on arbitrary evaluations of need made by local authorities. The court also created a new standard for assessing the constitutionality of gun laws, requiring that they be consistent with the nations “historical tradition of firearm regulation”. This standard had a significant impact on case law, rendering many existing firearms restrictions unconstitutional and resulting in a large increase in litigation over Second Amendment related issues. 1143:... since enactment of 18 U.S.C. § 922(o), the Secretary has refused to accept any tax payments to make or transfer a machine gun made after May 19, 1986, to approve any such making or transfer, or to register any such machine gun. As applied to machine guns made and possessed after May 19, 1986, the registration and other requirements of the National Firearms Act, Chapter 53 of the Internal Revenue Code, no longer serve any revenue purpose, and are impliedly repealed or are unconstitutional. 531: 1351:. The defense successfully defended Ward in 1854 through an assertion that "a man has a right to carry arms; I am aware of nothing in the laws of God or man, prohibiting it. The Constitution of Kentucky and our Bill of Rights guarantee it. The Legislature once passed an act forbidding it, but it was decided unconstitutional, and overruled by our highest tribunal, the Court of Appeals." As noted by Cornell, "Ward's lawyers took advantage of the doctrine advanced in 241: 77: 1572:. The Kansas high court declared: "That the provision in question applies only to the right to bear arms as a member of the state militia, or some other military organization provided for by law, is also apparent from the second amendment to the federal Constitution, which says: 'A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.'" 179: 36: 846: (2022) - In a 6–3 decision, the majority ruled that New York's law was unconstitutional, and effectively ruled that the possession of pistols in public was a constitutional right under the Second Amendment. State licensing of firearms was not declared an infringement on that right as long as states stay within the much more common " 660:

protection against any violation by their fellow-citizens of the rights it recognizes to what is called in City of New York v. Miln, 11 Pet. 139, the 'powers which relate to merely municipal legislation, or what was perhaps more properly called internal police,' 'not surrendered or restrained' by the constitution of the United States.

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or in aid of an officer, is an unwarranted restriction upon his constitutional right to keep and bear arms. If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege.

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nor do they trench upon any constitutionally protected liberties. See United States v. Miller, 307 U. S. 174, 307 U. S. 178 (1939) (the Second Amendment guarantees no right to keep and bear a firearm that does not have "some reasonable relationship to the preservation or efficiency of a well regulated militia")

966:, he used a statement by Senator Howard, who introduced the Fourteenth Amendment, to help validate the Court's ruling that the Bill of Rights as a result of the Fourteenth Amendment forces states, and not just the federal government, to protect the same individual rights enumerated in the Bill of Rights: 1535:

At trial, Wilson was indicted and convicted of the act, and appealed to the state supreme court. The court reversed the trial court's decision citing an array of state decisions which permitted the state to regulate the manner of carrying a concealed weapon, but that the law at issue restricting such

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ruling, to the extent that it dealt with concealed weapons, was overturned by constitutional amendment with Section 26 in Kentucky's Third Constitution (1850) banning the future carrying of concealed weapons, while still asserting that the bearing of arms in defense of themselves and the state was an

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This Court has recognized repeatedly that a legislature constitutionally may prohibit a convicted felon from engaging in activities far more fundamental than the possession of a firearm. ... These legislative restrictions on the use of firearms are neither based upon constitutionally suspect criteria

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No doubt in time of peace, persons might be prohibited from wearing war arms to places of public worship, or elections, etc. But to prohibit the citizen from wearing or carrying a war arm, except upon his own premises or when on a journey traveling through the country with baggage, or when acting as

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That the words "a well regulated militia being necessary for the security of a free State", and the words "common defense" clearly show the true intent and meaning of these Constitutions and prove that it is a political and not an individual right, and, of course, that the State, in her legislative

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In Heller, we held that the Second Amendment protects the right to possess a handgun in the home for the purpose of self-defense. Unless considerations of stare decisis counsel otherwise, a provision of the Bill of Rights that protects a right that is fundamental from an American perspective applies

659:

The second amendment declares that it shall not be infringed, but this, as has been seen, means no more than that it shall not be infringed by congress. This is one of the amendments that has no other effect than to restrict the powers of the national government, leaving the people to look for their

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A point of some embarrassment has been, whether these statutes are constitutional. The constitution of Kentucky declares, that "the rights of the citizens to bear arms in defence of themselves and the State shall not be questioned;" and a majority of the court held this statutory provision to be in

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adopted a militia-based, political right, reading of the right to bear arms under state law, and upheld the 21st section of the second article of the Arkansas Constitution that declared, "that the free white men of this State shall have a right to keep and bear arms for their common defense", while

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The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be

717:

In the absence of any evidence tending to show that possession or use of a "shotgun having a barrel of less than eighteen inches in length" at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees

1381:

3. The right to keep and bear arms for the common defense, is a great political right. It respects the citizens on the one hand, and the rulers on the other; and although this right must be inviolably preserved, it does not follow that the legislature is prohibited from passing laws regulating the

971:

Such is the character of the privileges and immunities spoken of in the second section of the fourth article of the Constitution ... the personal rights guarantied and secured by the first eight amendments of the Constitution; such as the freedom of speech and of the press; the right of the people

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1. The act of 1837-8, ch. 137, sec. 2, which prohibits any person from wearing any bowie knife, or Arkansas tooth-pick, or other knife or weapon in form, shape or size resembling a bowie knife or Arkansas tooth-pick under his clothes, or concealed about his person, does not conflict with the 26th

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is also seen from the defense subsequently given against a murder charge in Kentucky against Mattews Ward, who in 1852 pulled out a concealed pistol and fatally wounded his brother's teacher over an accusation regarding eating chestnuts in class. Ward's defense team consisted of eighteen lawyers,

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It would give to persons of the negro race, ... the right to enter every other State whenever they pleased, ... the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs, and to keep and carry arms

1024:

he people' seems to have been a term of art employed in select parts of the Constitution. The Preamble declares that the Constitution is ordained and established by 'the people of the United States.' The Second Amendment protects 'the right of the people to keep and bear Arms,' and the Ninth and

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2. The arms, the right to keep and bear which is secured by the constitution, are such as are usually employed in civilized warfare, and constitute the ordinary military equipment; the legislature have the power to prohibit the keeping or wearing weapons dangerous to the peace and safety of the

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ruling regarding Mr. Warner, who was caught in Utah with a machine gun and convicted on 922(o), possession of a machine gun. Mr. Warner appealed on the basis the Utah constitution allows its citizens to bear arms, and therefore he is exempt based on 922(o)(2)(A), "under authority of the State."

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stated, "But it should not be forgotten, that it is not only a part of the right that is secured by the constitution; it is the right entire and complete, as it existed at the adoption of the constitution; and if any portion of that right be impaired, immaterial how small the part may be, and

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respectively. In summary, it ruled the federal government could not file charges against citizens in federal court regarding violations of other citizens' constitutional rights. It was up to the states to protect the fundamental rights of its citizens when their rights were abridged by other

2156:"... all citizens had the unabridgable right to bear arms for self-protection as well as for militia purposes and that a statute prohibiting the carrying of concealed weapons was violative of the Second Amendment (see Bliss v. Commonwealth, 2 Litt. (Ky) 90, 13 Am. December 251 (1822)) ... 1170:, stating "Since the Second Amendment right 'to keep and bear Arms' applies only to the right of the State to maintain a militia and not to the individual's right to bear arms, there can be no serious claim to any express constitutional right of an individual to possess a firearm." 690:

We think it clear that there are no sections under consideration, which only forbid bodies of men to associate together as military organizations, or to drill or parade with arms in cities and towns unless authorized by law, do not infringe the right of the people to keep and bear

927: (1857) - The court ruled Scott did not enjoy the protection of the Bill of Rights because of his racial background. However, in its ruling, it implies all free men do have the right to bear arms by indicating what would happen if he was indeed afforded full protection: 1083:(6th Cir. 1976) brought earlier formulations of the concept to the first explicit mention of a collective Second Amendment right in a federal court opinion, stating "It is clear that the Second Amendment guarantees a collective rather than an individual right." 1315:

since "he Kentucky law was aimed at concealed weapons. No one saw any conflict with the Second Amendment. As a matter of fact, most of the few people who considered the question at all believed amendments to the U.S. Constitution did not apply to state laws."

685:, a state law prohibiting common citizens from forming personal military organizations, and drilling or parading, is still constitutional because prohibiting such personal military formations and parades does not limit a personal right to keep and bear arms: 1452:

rejecting a challenge to a statute prohibiting the carrying of concealed weapons. Buzzard had carried a concealed weapon and stood "indicted by virtue of the authority of the 13th section of an act of the Legislature prohibiting any person wearing a

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considered whether Congress overstepped the bounds of the Commerce Clause in banning simple possession of a machinegun (18 U.S.C. §922(o)), absent any transfer over state lines. The en banc panel was evenly split 8-8, and so upheld the previous

1484:(1873) took Buzzard's militia-based interpretation, a view that Bishop characterized as the "Arkansas doctrine" (that the State may regulate the manner in which arms are carried), as the orthodox view of the right to bear arms in American law. 2562: 1335:. The court held that "the right of citizens to bear arms in defense of themselves and the State must be preserved entire, ..." "This holding was unique because it stated that the right to bear arms is absolute and unqualified." 1055:

law that forbade the transfer of unloaded and locked firearms from one's residence to anywhere other than one of seven shooting ranges within the city. After the Court agreed to hear the case, New York City and

744:

The Second Amendment guarantees an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.

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A recent exhaustive study reveals that there was exactly one statement in the 1800s cases or commentaries supporting the collective rights view, a concurring opinion in an 1842 Arkansas state court case.

1303:(1799): "That the right of the citizens to bear arms in defence of themselves and the state, shall not be questioned." This was interpreted to include the right to carry a concealed sword in a cane. 2909: 1326:

The case prompted outrage in the Kentucky House, all the while recognizing that Section 23 of the Second Constitution of Kentucky (1799) did guarantee individuals the right to bear arms. The

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was the sole dissenter, arguing that 18 U.S.C. § 922(g)(8) could never be applied constitutionally because the statute is wholly inconsistent with the history-and-tradition test set forth in

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We therefore hold that Congress had a rational basis for concluding that in the aggregate, possession of homemade machineguns could substantially affect interstate commerce in machineguns.

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equally to the Federal Government and the States. We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller.

390: 2615:... the Kansas Supreme Court had used a similar formulation of the right to bear arms a decade earlier, describing this right as one that "refers to the people as a collective body. 1131: 94: 49: 1940: 1261:

struck down Stewart's conviction on a charge of possession of an unregistered machinegun (18 U.S.C. §922(o)) on Commerce Clause grounds. Following the Supreme Court's decision in

770: 879: (2024) - In an 8-1 decision, the majority ruled that 18 U.S.C. § 922(g)(8) could be constitutionally applied in at least some cases. Thus, in the majority's opinion, the 1827: 2536: 2124: 1840: 1311:

was violative of the Second Amendment." Others, however, have seen no conflict with the Second Amendment by the Commonwealth of Kentucky's statute under consideration in

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A person has the right to keep and bear arms for the defense of self, family, home and state, for lawful hunting and recreational use, and for any other lawful purpose.

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capacity, has the right to regulate and control it: This being the case, then the people, neither individually nor collectively, have the right to keep and bear arms.

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peaceably to assemble and petition the Government for a redress of grievances, a right appertaining to each and all the people; the right to keep and to bear arms ...

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and sent the case back to lower courts to determine "whether petitioners may still add a claim for damages in this lawsuit with respect to New York City's old rule."

1019: (1990) - A case dealing with nonresident aliens and the Fourth Amendment, but led to a discussion of who are "the People" when referred to in the Constitution: 1240: 1099: 1703: 959: 816:

the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding,

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depriving freed slaves basic rights such as freedom of assembly and the right to bear arms. The court ruled the application of the First and Second Amendments

141: 1179: 1040: 1009: 983: 944: 869: 836: 795: 755: 729: 702: 671: 113: 55: 17: 1706:

decision), the Illinois Supreme Court overturned the conviction of Aguilar, stating that the right to self-defense was at the core of the Second Amendment.

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requirement for firearms to be “unloaded and enclosed in a case, firearm carrying box, shipping box, or other container" for having stored two unloaded

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However, the court overruled this, citing the Farmer case saying machine guns were not meant to be in private hands, and although the Utah law gives

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The Supreme Court has occasionally interpreted the Second Amendment and has also mentioned the Second Amendment when ruling on other legal matters.

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United States. Anti-Crime Program. Hearings Before Ninetieth Congress, First Session. Washington: U.S. Government Print. Off, 1967, p. 246. quote:

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section of the first article of the bill of rights, securing to the free white citizens the right to keep and bear arms for their common defence.

2016: 517: 109: 1425:"Perfectly captured the way in which the operative clause of the Second Amendment furthered the purpose announced in the prefatory clause." 1060:

amended their laws which effectively eliminated the restrictions previously in place. In April 2020, the Court determined that the case was

1166:

for a felon found in possession of a pistol. This case also furthered the collective rights theory of the Second Amendment established in

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The Court also noted that the Second Amendment only restrained the government from regulating gun ownership, not other private citizens:

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held that a total ban on carrying firearms outside the home violated the Second Amendment and was unconstitutional. Applying

1394: 420: 375: 1715: 1308: 385: 2628: 196: 2241:, do not require a permit or license for carrying a concealed weapon to this day, following Kentucky's original position. 1779: 766: 1536:

action to one's own premises, while on a journey, or when acting in aid of an officer was constitutionally invalid. The

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ruling ATF does not need to register new machine guns for private ownership under the exception of 18 USC 922(o)(A)(1).

576: 400: 1889: 2514: 2351: 2317: 2202: 2182: 1792: 1228:, later reaffirmed by the Supreme Court. The Third Circuit made this decision 2–1, with future Supreme Court Justice 1202: 1005: 465: 435: 380: 301: 283: 222: 160: 63: 2580: 2085: 2041: 204: 358: 2532:"Testimony of Eugene Volokh on the Second Amendment, Senate Subcommittee on the Constitution, September 23, 1998" 1253: 487: 250: 2788: 1941:"Opinion analysis: Court sends New York Second Amendment case back to lower courts without ruling on the merits" 1355:

and wrapped their client's action under the banner of a constitutional right to bear arms. Ward was acquitted."

2877: 1841:"In Landmark 2nd Amendment Ruling, SCOTUS Affirms Right 'To Carry a Handgun for Self-Defense Outside the Home'" 1725: 1413: 1348: 1299:, 12 Ky. 90 (1822) addressed the right to bear arms pursuant to Art. 10, Sec. 23 of the Second Constitution of 724: 189: 98: 2794: 3024: 1524:

dealt with a conviction arising under an Arkansas state law which prohibited a person from carrying a pistol

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The Supreme Court's Thirty-five Other Gun Cases: What the Supreme Court Has Said about the Second Amendment

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was the only support for a collective right view of the right to keep and bear arms in the 19th century.

750: 682: 621: 552: 405: 3016: 2701: 2653: 600: 497: 455: 1679: 2960: 2901: 2893: 885: 850:" systems, which may only condition licenses upon satisfying objective criteria, such as passing a 790: 450: 415: 1648:

resident who had been issued a License to Carry a Handgun could not be charged with violating the

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immaterial the order of time at which it be done, it is equally forbidden by the constitution."

860: 697: 430: 200: 87: 2600: 2594: 2464: 2458: 2258: 2252: 889:, 481 U.S. 739, 107 S.Ct. 2095 (1987) when it held the statute to be facially unconstitutional. 642:"was not intended to limit the powers of the State governments in respect to their own citizens" 2174: 2168: 1637: 1599: 1580: 1521: 1448: 1212: 1194: 1174: 978: 912: 545: 254: 2596:

A WELL-REGULATED MILITIA – The Founding Fathers and the Origins of Gun Control in America

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A WELL-REGULATED MILITIA – The Founding Fathers and the Origins of Gun Control in America

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A WELL-REGULATED MILITIA — The Founding Fathers and the Origins of Gun Control in America

3000: 2429: 2074: 1183: 1135: 1044: 1013: 987: 948: 921: 873: 840: 799: 759: 739: (2008) - The Court ruled the Second Amendment to reference an individual right, holding: 733: 706: 675: 630: 477: 2100: 2028: 1526:

except upon his own premises or when on a journey, or when acting as or in aid of an officer

328: 1656:, as he could not, as an Indiana resident, obtain a Firearm Owners Identification Card, or 1561: 1477: 535: 395: 2806: 2531: 2281: 1502:

revealed, in the California Political Review, that a statement in a concurring opinion in

1464:, under the penalties of fine and imprisonment." Justice Lacy, in a dissenting opinion in 1411:. This was the first gun control measure to be overturned on Second Amendment grounds. In 1036: 865: 832: 265: 8: 2984: 2968: 2861: 1752: 939: 666: 2052: 876: 1344: 1233: 1186: 1016: 951: 802: 762: 736: 709: 678: 2063: 1568:, became the first court to interpret the right to keep and bear arms as being only a 990: 924: 633: 3008: 2604: 2510: 2468: 2408: 2400: 2347: 2313: 2262: 2198: 2178: 1745: 1684: 1487: 1263: 1205: 843: 507: 2217:

Northern Kentucky Law Review Second Amendment Symposium: Rights in Conflict in 1980s

1544:. The opinion, authored by Chief Justice English, included the following assertion: 1271:

remanded to the Ninth Circuit for further consideration in light of the decision in

993: (1980) - Ruling that the Congress may prohibit felons from possessing firearms: 809:) - The Court ruled that the Second Amendment extends to all forms of bearable arms: 2992: 2944: 1698: 1443: 1404: 1057: 512: 1981: 1606:

held that the defendant, who had been issued a Firearm Owners Identification Card

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http://www.ca9.uscourts.gov/datastore/opinions/2006/06/30/0210318.pdf?openelement

1915: 1731: 1657: 1607: 1399: 1225: 1198: 1163: 890: 596: 1738: 348: 3062: 1499: 1052: 646:"has no other effect than to restrict the powers of the national government," 2293: 2487:, captured the dominant strain of American legal thinking on this question. 1229: 637: 502: 27:

Collection of rulings by federal courts regarding the ownership of firearms

2029:"Stevens v. United States, 440 F.2d 144 | Casetext Search + Citator" 1221: 847: 482: 2785:- List of Supreme Court cases related to the Second Amendment on Guncite 2910:

New York State Rifle & Pistol Association, Inc. v. City of New York

2782: 1982:"United States v. Warin, 530 F.2d 103 | Casetext Search + Citator" 1945: 1828:

Unanimous pro-Second-Amendment stun gun decision from the Supreme Court

1796: 1275:. The Ninth Circuit then upheld Stewart's conviction, concluding : 1032:

New York State Rifle & Pistol Association, Inc. v. City of New York

963: 363: 1994: 1468:, summarizing the majority viewpoint to which he disagreed, declared: 1220:

ruled Congress did have the power to regulate possession of homemade

2791:- Comprehensive list of Supreme Court cases which deal with firearms 2005: 1890:"One Year Post-Bruen: An Empirical Assessment - Virginia Law Review" 207:. Statements consisting only of original research should be removed. 76: 1649: 1611: 1307:

has been described as about "a statute prohibiting the carrying of

1300: 1190: 1061: 2797:- Comprehensive list of State Court cases which deal with firearms 2238: 1665: 1653: 1645: 1619: 1615: 1403:(1 Ga. (1 Kel.) 243 (1846)) that a state law ban on handguns was 1132:

United States District Court for the Central District of Illinois

2234: 1453: 1257:(348 F.3d 1132 (2003) and 451 F.3d 1071 (2006)) - In 2003, the 2552: 2550: 2197:

Right to Keep and Bear Arms, U.S. Senate. 2001 Paladin Press.

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as being "cases illustrating the individual view." Professor

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New York State Rifle & Pistol Association, Inc. v. Bruen

2803:- What the Supreme Court Has Said about the Second Amendment 2483:"Arkansas doctrine," not the libertarian views exhibited in 958:

right to a jury trial at the state level as required by the

883:

erred under the "no set of circumstances test" set forth in

828:

New York State Rifle & Pistol Association, Inc. v. Bruen

765: (2010) - The Court ruled that the Second Amendment was 2836: 2771: 2547: 1865:"Turmoil in courts on gun laws in wake of justices' ruling" 1457: 2492: 2075:

http://caselaw.lp.findlaw.com/data2/circs/9th/0210318p.pdf

954: (1968) - A Supreme Court case which incorporated the 2774:- A web site with review and analysis of firearm case law 2405:

American Constitutionalism Volume II RIghts and Liberties

2306:

Ph.D., Gregg Lee Carter; Carter, Gregg Lee (2012-05-31).

1189: (1995) - In the first Supreme Court case, since the 820:

Second Amendment right is fully applicable to the States.

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citizens, and which are not usual in civilized warfare.

1100:

United States Court of Appeals for the Eleventh Circuit

2244: 1968:"Cases v. United States, 131 F.2d 916 (1st Cir. 1942)" 636: (1876) - post Civil War era case relating to the 2215:

Pierce, Darell R. (1982). "Second Amendment Survey".

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A Well regulated militia: the battle over gun control

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decision effectively overturned the prior holding in

1579:

was overruled by the passage of an amendment to the

1259:

United States Court of Appeals for the Ninth Circuit

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United States Court of Appeals for the Fifth Circuit

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United States Court of Appeals for the Third Circuit

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United States Court of Appeals for the Tenth Circuit

897:. Notably, Justice Thomas was the one who wrote the 614: 606: 2257:. New York City: Oxford University Press. pp. 1460:, large knife or sword-cane concealed as a weapon, 101:. Unsourced material may be challenged and removed. 2599:. New York City: Oxford University Press. p. 2463:. New York City: Oxford University Press. p. 2376: 2374: 2372: 2370: 1668:stored in the rear center console of his vehicle. 1160:Omnibus Crime Control and Safe Streets Act of 1968 905: 110:"List of firearm court cases in the United States" 2498: 769:against state and local governments, through the 3060: 3048:List of firearm court cases in the United States 2407:. Oxford: Oxford University Press. p. 235. 1664:, remanded his conviction for having his loaded 1138:violations for machine guns produced after 1986: 1119:to own automatic firearms, it did not grant him 2801:The Supreme Court's Thirty-five Other Gun Cases 2367: 2299: 1793:"McDonald - A Victory for the Second Amendment" 1509: 1158:, (6th Cir. 1971) - Upheld enforcement of the 771:Due Process Clause of the Fourteenth Amendment 2822: 2629:"The Second Amendment's great election night" 2592: 2456: 2250: 2166: 2160: 553: 1382:manner in which these arms may be employed. 2505:. Santa Barbara, Calif: ABC-CLIO. pp. 2305: 2148: 1482:Commentaries on the Law of Statutory Crimes 1088:Firearm Owners Protection Act court rulings 64:Learn how and when to remove these messages 2829: 2815: 2421: 2173:. North Haven, CT: Archon Books. pp. 1347:, former Governor of Kentucky, and former 1148:Commerce Clause challenges to firearm laws 560: 546: 264:. Please do not remove this message until 2530:Volokh, Eugene (November–December 1998). 2333: 2101:"Bliss v. Commonwealth of Kentucky, 1822" 1134:ruling one cannot be prosecuted for 1934 583:. Each of these decisions deals with the 302:Learn how and when to remove this message 284:Learn how and when to remove this message 223:Learn how and when to remove this message 161:Learn how and when to remove this message 2191: 1907: 1610:could not be charged with violating the 1289: 1068: 260:Relevant discussion may be found on the 3069:United States Second Amendment case law 2125:"Kentucky's Second Constitution (1799)" 712: (1939) - The Court stated in part: 493:Right to keep and bear arms in the U.S. 466:International treaties for arms control 14: 3061: 2529: 2523: 2427: 2340:Ph.D., Gregg Lee Carter (2012-05-04). 2214: 603:, and/or other federal firearms laws. 461:History of concealed carry in the U.S. 2810: 2626: 2339: 2095: 2093: 1913: 1553: 962:. In a concurring opinion by Justice 573:Firearm case law in the United States 376:Brady Handgun Violence Prevention Act 18:Firearm case law in the United States 1938: 1838: 1790: 1716:Concealed carry in the United States 1671: 1591: 234: 172: 99:adding citations to reliable sources 70: 29: 2479:Dillon endorsed Bishop's view that 1629: 1490:Earl Kruschke has categorized both 1434: 1358: 1216:(3d Cir. 1996) - In this case, the 1127:United States v. Rock Island Armory 24: 2399:Gillman, Howard; Graber, Mark A.; 2090: 1386: 401:Domestic Violence Offender Gun Ban 25: 3090: 3079:Gun politics in the United States 2765: 2627:Kopel, David (November 3, 2010). 2502:Gun control: a reference handbook 1203:Gun-Free School Zones Act of 1990 1006:United States v. Verdugo-Urquidez 615:Interpreting the Second Amendment 607:United States Supreme Court cases 436:Gun-Free School Zones Act (GFSZA) 391:Connecticut Children's Safety Act 45:This article has multiple issues. 2431:Commentaries on the Criminal Law 1528:, the same law addressed in the 778:In the decision, the Court said: 529: 359:Bipartisan Safer Communities Act 327: 239: 177: 75: 34: 2778:NRA list of firearm court cases 2743: 2719: 2694: 2670: 2646: 2620: 2568: 2392: 2287: 2275: 2227: 2208: 2117: 2079: 2068: 2057: 2046: 2035: 2021: 2010: 1999: 1988: 1974: 1960: 1284: 906:Mentioning the Second Amendment 86:needs additional citations for 53:or discuss these issues on the 2878:District of Columbia v. Heller 2838:United States Second Amendment 2756:News-Gazette (Champaign, Ill.) 2428:Bishop, Joel Prentiss (1859). 1932: 1882: 1857: 1832: 1821: 1810: 1784: 1773: 1726:Index of gun politics articles 1414:District of Columbia v. Heller 1349:United States Attorney General 725:District of Columbia v. Heller 473:Background Check System (NICS) 13: 1: 3025:Wrenn v. District of Columbia 2434:. Little, Brown. pp. 81– 1766: 575:is based on decisions of the 446:Gun laws in the U.S. by state 426:Firearm Owners Protection Act 371:Firearms and Explosives (ATF) 3074:United States case law lists 1939:Howe, Amy (April 27, 2020). 1791:Gura, Alan (June 28, 2010). 1721:Gun law in the United States 1244:(5th Cir. 1997) - Here, the 411:Federal Firearms Act of 1938 7: 2886:McDonald v. City of Chicago 2854:United States v. Cruikshank 2558:Wilson v. State of Arkansas 2537:California Political Review 2312:. ABC-CLIO. pp. 647–. 2042:U.S. v. Rybar, 103 F.3d 273 1709: 1518:Wilson v. State of Arkansas 1511:Wilson v. State of Arkansas 751:McDonald v. City of Chicago 683:right to keep and bear arms 622:United States v. Cruikshank 593:right to keep and bear arms 478:National Firearms Act (NFA) 406:Federal Assault Weapons Ban 386:Concealed carry in the U.S. 369:Bureau of Alcohol, Tobacco, 354:Assault weapons legislation 317:Firearm legal topics of the 266:conditions to do so are met 203:the claims made and adding 10: 3095: 3017:Peruta v. San Diego County 2751:Court says gun law invalid 2576:City of Salina v. Blaksley 2499:Kruschke, Earl R. (1995). 2387:4 Ark. (2 Pike) 18 2053:U.S. v. Kirk, 105 F.3d 997 1839:Root, Damon (2022-06-23). 1583:. The amendment provides: 498:Second Amendment sanctuary 456:High-capacity magazine ban 3043: 2936: 2845: 2795:State Supreme Court cases 2064:U.S. v. Kirk, 70 F.3d 791 1817:Text of McDonald decision 1652:Unlawful Use of a Weapon 1614:Unlawful Use of a Weapon 1581:Kansas State Constitution 1201:, the Court declared the 1051:) - This case regarded a 471:National Instant Criminal 2961:United States v. Emerson 2902:Voisine v. United States 2894:Caetano v. Massachusetts 2343:Guns in American Society 2309:Guns in American Society 1920:. Independence Institute 1914:Kopel, David B. (1999). 1254:United States v. Stewart 1155:Stevens v. United States 886:United States v. Salerno 814:The Court has held that 791:Caetano v. Massachusetts 587:(which is a part of the 536:United States portal 451:Gun politics in the U.S. 416:Federal Firearms License 381:Campus carry in the U.S. 2926:United States v. Rahimi 2870:United States v. Miller 2633:The Washington Examiner 1780:Text of Heller decision 1760:United States v. Rahimi 1343:including U.S. Senator 1193:, to set limits on the 1107:United States v. Warner 861:United States v. Rahimi 698:United States v. Miller 520:and Law Enforcement Act 503:Sullivan Act (New York) 431:Gun Control Act of 1968 2593:Cornell, Saul (2006). 2563:34 Am. Rep. 52 2457:Cornell, Saul (2006). 2251:Cornell, Saul (2006). 2167:Weir, William (1997). 1680:Illinois Supreme Court 1638:Illinois Supreme Court 1600:Illinois Supreme Court 1589: 1551: 1522:Arkansas Supreme Court 1475: 1449:Arkansas Supreme Court 1432: 1282: 1213:United States v. Rybar 1175:United States v. Lopez 1145: 1081:United States v. Warin 1075:Cases v. United States 1027: 1001: 979:Lewis v. United States 974: 935: 913:Dred Scott v. Sandford 823: 786: 746: 720: 693: 662: 601:General Welfare Clause 488:Open carry in the U.S. 3001:Woollard v. Gallagher 2401:Whittington, Keith E. 1894:virginialawreview.org 1585: 1546: 1470: 1462:unless upon a journey 1427: 1395:Georgia Supreme Court 1333:Bliss v. Commonwealth 1297:Bliss v. Commonwealth 1291:Bliss v. Commonwealth 1278: 1241:United States v. Kirk 1141: 1136:National Firearms Act 1069:Federal court rulings 1022: 996: 969: 930: 812: 781: 742: 715: 688: 657: 518:Violent Crime Control 2382:The State v. Buzzard 2105:www.constitution.org 1660:. They also, citing 1562:Kansas Supreme Court 1478:Joel Prentiss Bishop 1267:, the Court ordered 960:Fourteenth Amendment 396:Constitutional carry 95:improve this article 2985:Kachalsky v. Cacace 2969:Silveira v. Lockyer 2862:Presser v. Illinois 2846:Supreme Court cases 2789:Supreme Court cases 2654:"People v. Diggins" 2581:72 Kan. 230 1753:Peruta v. San Diego 1488:Political scientist 1110:(10th Cir. 1993) - 1098:(11th Cir. 1990) - 940:Duncan v. Louisiana 933:wherever they went. 667:Presser v. Illinois 441:Gun law in the U.S. 253:of this article is 2702:"People v. Holmes" 1577:Salina v. Blaksley 1566:Salina v. Blaksley 1555:Salina v. Blaksley 1532:decision of 1848. 1419:U.S. Supreme Court 1338:The importance of 188:possibly contains 3056: 3055: 3009:People v. Aguilar 2937:Lower court cases 2758:, Sept. 20, 2013. 2727:"720 ILCS 5/24-1" 2678:"720 ILCS 5/24-1" 2610:978-0-19-514786-5 2474:978-0-19-514786-5 2414:978-0-19-975126-6 2268:978-0-19-514786-5 1746:People v. Ireland 1685:People v. Aguilar 1673:People v. Aguilar 1604:People v. Diggins 1593:People v. Diggins 1520:(1878 Ark.), the 1447:(1842 Ark.), the 1309:concealed weapons 1264:Gonzales v. Raich 1095:Farmer v. Higgins 901:majority opinion. 570: 569: 312: 311: 304: 294: 293: 286: 233: 232: 225: 190:original research 171: 170: 163: 145: 68: 16:(Redirected from 3086: 3028:(D.C. Cir. 2017) 2993:Moore v. Madigan 2945:State v. Buzzard 2831: 2824: 2817: 2808: 2807: 2772:Arms and the law 2759: 2757: 2747: 2741: 2740: 2738: 2737: 2723: 2717: 2716: 2714: 2712: 2698: 2692: 2691: 2689: 2688: 2674: 2668: 2667: 2665: 2664: 2650: 2644: 2643: 2641: 2639: 2624: 2618: 2617: 2590: 2584: 2578: 2572: 2566: 2560: 2554: 2545: 2544: 2527: 2521: 2520: 2496: 2490: 2489: 2454: 2448: 2447: 2441: 2439: 2425: 2419: 2418: 2396: 2390: 2384: 2378: 2365: 2364: 2362: 2360: 2337: 2331: 2330: 2328: 2326: 2303: 2297: 2294:Aymette v. State 2291: 2285: 2282:Aymette v. State 2279: 2273: 2272: 2248: 2242: 2231: 2225: 2224: 2212: 2206: 2195: 2189: 2188: 2164: 2158: 2152: 2146: 2145: 2143: 2142: 2136: 2130:. Archived from 2129: 2121: 2115: 2114: 2112: 2111: 2097: 2088: 2083: 2077: 2072: 2066: 2061: 2055: 2050: 2044: 2039: 2033: 2032: 2025: 2019: 2014: 2008: 2003: 1997: 1992: 1986: 1985: 1978: 1972: 1971: 1964: 1958: 1957: 1955: 1953: 1936: 1930: 1929: 1927: 1925: 1911: 1905: 1904: 1902: 1901: 1886: 1880: 1879: 1877: 1876: 1861: 1855: 1854: 1852: 1851: 1836: 1830: 1825: 1819: 1814: 1808: 1807: 1805: 1803: 1788: 1782: 1777: 1699:Moore v. Madigan 1642:People v. Holmes 1631:People v. Holmes 1626:of his vehicle. 1570:collective right 1444:State v. Buzzard 1441:In contrast, in 1436:State v. Buzzard 1409:Second Amendment 1405:unconstitutional 1367:Aymette v. State 1360:Aymette v. State 1206:unconstitutional 1197:power under the 1047:___ (2020) ( 852:background check 585:Second Amendment 562: 555: 548: 534: 533: 532: 513:Tiahrt Amendment 421:Firearm case law 331: 314: 313: 307: 300: 289: 282: 278: 275: 269: 243: 242: 235: 228: 221: 217: 214: 208: 205:inline citations 181: 180: 173: 166: 159: 155: 152: 146: 144: 103: 79: 71: 60: 38: 37: 30: 21: 3094: 3093: 3089: 3088: 3087: 3085: 3084: 3083: 3059: 3058: 3057: 3052: 3039: 3033:Miller v. Bonta 3020:(9th Cir. 2016) 3004:(4th Cir. 2013) 2996:(7th Cir. 2012) 2980:(9th Cir. 2012) 2977:Nordyke v. King 2972:(9th Cir. 2002) 2964:(5th Cir. 2001) 2953:Nunn v. Georgia 2932: 2841: 2835: 2768: 2763: 2762: 2755: 2748: 2744: 2735: 2733: 2725: 2724: 2720: 2710: 2708: 2700: 2699: 2695: 2686: 2684: 2676: 2675: 2671: 2662: 2660: 2652: 2651: 2647: 2637: 2635: 2625: 2621: 2611: 2591: 2587: 2574: 2573: 2569: 2556: 2555: 2548: 2528: 2524: 2517: 2497: 2493: 2475: 2455: 2451: 2437: 2435: 2426: 2422: 2415: 2397: 2393: 2380: 2379: 2368: 2358: 2356: 2354: 2338: 2334: 2324: 2322: 2320: 2304: 2300: 2292: 2288: 2280: 2276: 2269: 2249: 2245: 2232: 2228: 2213: 2209: 2196: 2192: 2185: 2165: 2161: 2153: 2149: 2140: 2138: 2134: 2127: 2123: 2122: 2118: 2109: 2107: 2099: 2098: 2091: 2084: 2080: 2073: 2069: 2062: 2058: 2051: 2047: 2040: 2036: 2027: 2026: 2022: 2017:773 F.Supp. 117 2015: 2011: 2004: 2000: 1993: 1989: 1980: 1979: 1975: 1966: 1965: 1961: 1951: 1949: 1937: 1933: 1923: 1921: 1912: 1908: 1899: 1897: 1888: 1887: 1883: 1874: 1872: 1863: 1862: 1858: 1849: 1847: 1837: 1833: 1826: 1822: 1815: 1811: 1801: 1799: 1789: 1785: 1778: 1774: 1769: 1732:Miller v. Bonta 1712: 1704:Seventh Circuit 1676: 1634: 1596: 1558: 1514: 1480:'s influential 1439: 1400:Nunn v. Georgia 1391: 1388:Nunn v. Georgia 1363: 1345:John Crittenden 1294: 1287: 1226:Commerce Clause 1199:Commerce Clause 1164:Commerce Clause 1150: 1090: 1071: 956:Sixth Amendment 908: 617: 609: 597:Commerce Clause 566: 530: 528: 519: 472: 370: 345: 308: 297: 296: 295: 290: 279: 273: 270: 259: 244: 240: 229: 218: 212: 209: 194: 182: 178: 167: 156: 150: 147: 104: 102: 92: 80: 39: 35: 28: 23: 22: 15: 12: 11: 5: 3092: 3082: 3081: 3076: 3071: 3054: 3053: 3051: 3050: 3044: 3041: 3040: 3038: 3037: 3036:(9th Cir. TBD) 3029: 3021: 3013: 3005: 2997: 2989: 2988:(2d Cir. 2012) 2981: 2973: 2965: 2957: 2949: 2940: 2938: 2934: 2933: 2931: 2930: 2922: 2914: 2906: 2898: 2890: 2882: 2874: 2866: 2858: 2849: 2847: 2843: 2842: 2834: 2833: 2826: 2819: 2811: 2805: 2804: 2798: 2792: 2786: 2780: 2775: 2767: 2766:External links 2764: 2761: 2760: 2742: 2718: 2706:law.justia.com 2693: 2669: 2658:law.justia.com 2645: 2619: 2609: 2585: 2567: 2546: 2522: 2515: 2491: 2473: 2449: 2420: 2413: 2391: 2366: 2352: 2332: 2318: 2298: 2286: 2274: 2267: 2243: 2226: 2207: 2190: 2183: 2159: 2147: 2116: 2089: 2078: 2067: 2056: 2045: 2034: 2020: 2009: 1998: 1987: 1973: 1959: 1931: 1906: 1881: 1856: 1831: 1820: 1809: 1783: 1771: 1770: 1768: 1765: 1764: 1763: 1756: 1749: 1742: 1739:People v. Bray 1735: 1728: 1723: 1718: 1711: 1708: 1675: 1670: 1644:found that an 1633: 1628: 1624:Center Console 1595: 1590: 1557: 1552: 1513: 1508: 1438: 1433: 1390: 1385: 1384: 1383: 1379: 1375: 1362: 1357: 1293: 1288: 1286: 1283: 1277: 1276: 1250: 1237: 1209: 1171: 1149: 1146: 1140: 1139: 1123: 1103: 1089: 1086: 1085: 1084: 1078: 1070: 1067: 1066: 1065: 1058:New York State 1021: 1020: 995: 994: 968: 967: 929: 928: 907: 904: 903: 902: 891:Justice Thomas 856: 855: 818:and that this 811: 810: 780: 779: 775: 774: 741: 740: 714: 713: 687: 686: 656: 655: 651: 650: 616: 613: 608: 605: 589:Bill of Rights 581:federal courts 568: 567: 565: 564: 557: 550: 542: 539: 538: 525: 524: 523: 522: 515: 510: 505: 500: 495: 490: 485: 480: 475: 468: 463: 458: 453: 448: 443: 438: 433: 428: 423: 418: 413: 408: 403: 398: 393: 388: 383: 378: 373: 366: 361: 356: 351: 349:Assault weapon 344: 343: 333: 332: 324: 323: 319: 318: 310: 309: 292: 291: 247: 245: 238: 231: 230: 185: 183: 176: 169: 168: 83: 81: 74: 69: 43: 42: 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1651: 1647: 1643: 1639: 1636:In 2011, the 1632: 1627: 1625: 1621: 1617: 1613: 1609: 1605: 1601: 1598:In 2009, the 1594: 1588: 1584: 1582: 1578: 1573: 1571: 1567: 1563: 1560:In 1905, the 1556: 1550: 1545: 1543: 1539: 1533: 1531: 1527: 1523: 1519: 1512: 1507: 1505: 1501: 1500:Eugene Volokh 1497: 1493: 1489: 1485: 1483: 1479: 1474: 1469: 1467: 1463: 1459: 1455: 1450: 1446: 1445: 1437: 1431: 1426: 1424: 1420: 1416: 1415: 1410: 1406: 1402: 1401: 1396: 1389: 1380: 1376: 1372: 1371: 1370: 1368: 1361: 1356: 1354: 1350: 1346: 1341: 1336: 1334: 1329: 1324: 1321: 1317: 1314: 1310: 1306: 1302: 1298: 1292: 1281: 1274: 1270: 1266: 1265: 1260: 1256: 1255: 1251: 1247: 1243: 1242: 1238: 1235: 1231: 1227: 1223: 1219: 1215: 1214: 1210: 1207: 1204: 1200: 1196: 1192: 1188: 1185: 1181: 1177: 1176: 1172: 1169: 1165: 1161: 1157: 1156: 1152: 1151: 1144: 1137: 1133: 1129: 1128: 1124: 1122: 1118: 1113: 1109: 1108: 1104: 1101: 1097: 1096: 1092: 1091: 1082: 1079: 1076: 1073: 1072: 1063: 1059: 1054: 1053:New York City 1050: 1046: 1042: 1038: 1034: 1033: 1029: 1028: 1026: 1018: 1015: 1011: 1008: 1007: 1003: 1002: 1000: 992: 989: 985: 981: 980: 976: 975: 973: 965: 961: 957: 953: 950: 946: 942: 941: 937: 936: 934: 926: 923: 919: 915: 914: 910: 909: 900: 896: 892: 888: 887: 882: 881:Fifth Circuit 878: 875: 871: 867: 863: 862: 858: 857: 853: 849: 845: 842: 838: 834: 830: 829: 825: 824: 822: 821: 817: 808: 805: (2016) ( 804: 801: 797: 793: 792: 788: 787: 785: 777: 776: 772: 768: 764: 761: 757: 753: 752: 748: 747: 745: 738: 735: 731: 727: 726: 722: 721: 719: 711: 708: 704: 700: 699: 695: 694: 692: 684: 680: 677: 673: 669: 668: 664: 663: 661: 653: 652: 647: 643: 639: 635: 632: 628: 624: 623: 619: 618: 612: 604: 602: 598: 594: 590: 586: 582: 578: 577:Supreme Court 574: 563: 558: 556: 551: 549: 544: 543: 541: 540: 537: 527: 526: 521: 516: 514: 511: 509: 506: 504: 501: 499: 496: 494: 491: 489: 486: 484: 481: 479: 476: 474: 469: 467: 464: 462: 459: 457: 454: 452: 449: 447: 444: 442: 439: 437: 434: 432: 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