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THE RIGHT TO KEEP AND BEAR ARMS: COURT DECISIONS VOIDING RESTRICTED OR PROHIBITED 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

Uploaded: 9/30/1999