Presser v. Illinois Second Amendment to the United States Constitution

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in presser v. illinois, 116 u.s. 252 (1886), herman presser headed german-american paramilitary shooting organization , arrested leading parade group of 400 men, training , drilling military weapons declared intention fight, through streets of chicago violation of illinois law prohibited public drilling , parading in military style without permit governor.


at trial, presser argued state of illinois had violated second amendment rights. supreme court reaffirmed cruikshank, , held second amendment prevented neither states nor congress barring private militias parade arms; such right cannot claimed right independent of law. decision upheld states authority regulate militia , citizens had no right create own militias or own weapons semi-military purposes. court said: state cannot prohibit people therein keeping , bearing arms extent deprive united states of protection afforded them reserve military force.








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