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