Friday, April 27, 2007

State v. Kerner, "To deprive him of bearing any of these arms is to infringe upon the right guaranteed to him by the Constitution.", May 11, 1921

A few quotes from this somewhat decent judicial decision of the North Carolina Supreme Court;

...The Constitution of this state, section 24, art. 1, which is entitled, "Declaration of Rights," provides, "The right of the people to keep and bear arms shall not be infringed," adding, "nothing herein contained shall justify the practice of carrying concealed weapons or prevent the Legislature from enacting penal statutes against said practice." This exception indicates the extent to which the right of the people to bear arms can be restricted; that is, the Legislature can prohibit the carrying of concealed weapons but no further. This constitutional guaranty was construed in State v. Speller, 86 N.C. 697, in which it was held that the distinction was between the "right to keep and bear arms" and the "practice of carrying concealed weapons." The former is a sacred right based upon the experience of the ages in order that the people may be accustomed to bear arms and ready to use them for the protection of their liberties or their country when occasion serves. The provision against carrying them concealed was to prevent assassinations or advantages taken by the lawless; i.e., against the abuse of the privilege....

...But the ordinary private citizen, whose right to carry arms cannot be infringed upon, is not likely to purchase these expensive and most modern devices just named. To him the rifle, the musket, the shotgun, and the pistol are about the only arms which he could be expected to "bear," and his right to do this is that which is guaranteed by the Constitution. To deprive him of bearing any of these arms is to infringe upon the right guaranteed to him by the Constitution....

...It is dangerous to minimize these guaranties based upon the wisdom of the ages which have been imbedded in our organic law....

...The usual method when a country is overborne by force is to "disarm" the people. It is to prevent the above and similar exercises of arbitrary power that the people, in creating this government "of the people, by the people and for the people," reserved to themselves the right to "bear arms," that, accustomed to their use, they might be ready to meet illegal force with legal force by adequate and just defense of their persons, their property, and their liberties, whenever necessary. We should be slow indeed to construe such guaranty into a mere academic expression which has become obsolete....

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