Presser v. Illinois
Encyclopedia
Presser v. Illinois, 116 U.S. 252
(1886), was a decision of the Supreme Court of the United States
holding that the Second Amendment to the United States Constitution
limited only the power of Congress and the national government to control firearms, not that of the state.
(Instruct and Defend Association), a group of armed ethnic German
workers, associated with the Socialist Labor Party. The group had been formed to counter the armed private armies
of companies in Chicago
. Basically, Presser, Presser claimed the law violated his rights under the Second Amendment.
In Presser v. Illinois, the Supreme Court stated:
In Presser, the Court reaffirmed the Cruikshank decision that the Second Amendment acts as a limitation upon only the federal government and not the states. Cruikshank and Presser are consistently used by the lower courts to deny any recognition of individual rights claims and provides justification to state and local municipalities to pass laws that regulate guns.
However, the high court stated that there is a limit upon state restriction of firearms ownership, in that they may not disarm the people to such an extent that there is no remaining armed militia force for the general government to call upon:
The Court emphatically disposed of Presser's argument that there exists a right to assemble, drill, or march in a militia independent of authorization by state or federal law:
The traditional reading of Presser is that it affirms the states' rights view articulated in Cruikshank. Modern supporters of the individual rights view have challenged this claim, viewing the case as affirming a right to keep and bear arms as a necessary condition to have a universal militia. The conflict between these viewpoints was argued in court in 1982 in the case of Quilici v. Village of Morton Grove, in which it was ruled:
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1886), was a decision of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
holding that the Second Amendment to the United States Constitution
Second Amendment to the United States Constitution
The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights.In 2008 and 2010, the Supreme Court issued two Second...
limited only the power of Congress and the national government to control firearms, not that of the state.
Background
In this 1886 case, Herman Presser was part of a citizen militia group, the Lehr und Wehr VereinLehr und Wehr Verein
The Lehr und Wehr Verein was a Chicago-based socialist military formation founded in 1875.The Lehr und Wehr Verein was registered with the Illinois state authorities on 19 April 1875 with about 30 Bohemian and German members. The organization used to train and drill in anticipation of an...
(Instruct and Defend Association), a group of armed ethnic German
German American
German Americans are citizens of the United States of German ancestry and comprise about 51 million people, or 17% of the U.S. population, the country's largest self-reported ancestral group...
workers, associated with the Socialist Labor Party. The group had been formed to counter the armed private armies
Pinkerton National Detective Agency
The Pinkerton National Detective Agency, usually shortened to the Pinkertons, is a private U.S. security guard and detective agency established by Allan Pinkerton in 1850. Pinkerton became famous when he claimed to have foiled a plot to assassinate president-elect Abraham Lincoln, who later hired...
of companies in Chicago
Chicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
. Basically, Presser, Presser claimed the law violated his rights under the Second Amendment.
In Presser v. Illinois, the Supreme Court stated:
In Presser, the Court reaffirmed the Cruikshank decision that the Second Amendment acts as a limitation upon only the federal government and not the states. Cruikshank and Presser are consistently used by the lower courts to deny any recognition of individual rights claims and provides justification to state and local municipalities to pass laws that regulate guns.
However, the high court stated that there is a limit upon state restriction of firearms ownership, in that they may not disarm the people to such an extent that there is no remaining armed militia force for the general government to call upon:
The Court emphatically disposed of Presser's argument that there exists a right to assemble, drill, or march in a militia independent of authorization by state or federal law:
The traditional reading of Presser is that it affirms the states' rights view articulated in Cruikshank. Modern supporters of the individual rights view have challenged this claim, viewing the case as affirming a right to keep and bear arms as a necessary condition to have a universal militia. The conflict between these viewpoints was argued in court in 1982 in the case of Quilici v. Village of Morton Grove, in which it was ruled:
See also
- United States v. CruikshankUnited States v. CruikshankUnited States v. Cruikshank, 92 U.S. 542 was an important United States Supreme Court decision in United States constitutional law, one of the earliest to deal with the application of the Bill of Rights to state governments following the adoption of the Fourteenth Amendment.-Background:On Easter...
, - District of Columbia v. HellerDistrict of Columbia v. HellerDistrict of Columbia v. Heller, 554 U.S. 570 , was a landmark case in which the Supreme Court of the United States held that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for traditionally lawful purposes in federal enclaves, such as...
- Nordyke v. KingNordyke v. KingNordyke v. King, 563 F. 3d 439 , is a case in the United States Court of Appeals for the Ninth Circuit in which a ban of firearms on all public property and whether the Second Amendment should be applied to the state and local governments is to be decided.-Background:The Board of Supervisors of...