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USSC LOVINGLY CITES TO PRO-FREEDOM CASE

 
 
Reply Sat 28 Jun, 2008 01:52 pm
Here is a nice case to which the USSC has lovingly cited with approval
in D.C. v. Heller.
The USSC says the following:

In Nunn v. State, 1 Ga. 243, 251 (1846), the Georgia Supreme Court
construed the Second Amendment as
protecting the "natural right of self-defence" and therefore
struck down a ban on carrying pistols openly.

Its opinion perfectly captured the way in which the operative clause
[i.e.: "the right of the people to keep and bear arms shall not be infringed"]
of the Second Amendment furthers the purpose announced in
the prefatory clause, [i.e., the militia clause]
in continuity with the English right:

"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 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 Charta!"
[all emphasis lovingly added by David]

I think its a safe bet
that in the extant litigation against the authoritarian-collectivist,
Chicago and San Francisco, the USSC will be cited to this effect, in support.


Enjoy it !
David
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