TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 11 P28

Gale Encyclopedia of American Law Volume 11 P28 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | MILESTONES IN THE LAW DISTRICT OF COLUMBIA V. HELLER 257 State 1 Gill 302 309 because free blacks were treated as a dangerous population laws have been passed to prevent their migration into this State to make it unlawful for them to bear arms to guard even their religious assemblages with peculiar watchfulness . An 1829 decision by the Supreme Court of Michigan said The constitution of the United States also grants to the citizen the right to keep and bear arms. But the grant of this privilege cannot be construed into the right in him who keeps a gun to destroy his neighbor. No rights are intended to be granted by the constitution for an unlawful or unjustifiable purpose. United States v. Sheldon in 5 Transactions of the Supreme Court of the Territory of Michigan 337 346 W. Blume hereinafter Blume . It is not possible to read this as discussing anything other than an individual right unconnected to militia service. If it did have to do with militia service the limitation upon it would not be any unlawful or unjustifiable purpose but any nonmilitary purpose whatsoever. 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 of the Second Amendment furthers the purpose announced in the prefatory 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

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