⚖️ Presser v. Illinois

Monday, January 4, 1886 All day

An Illinois law that prohibits common citizens from forming personal military organizations, performing drills, and parading is constitutional because such a law does not limit the personal right to keep and bear arms. Decided January 4, 1886 (argued 1885). Opinion of the Court: William Burnham Woods → go there Overruled by McDonald v. City of Chicago (2010) → go there Topic: Second Amendment rights. Presser v. Illinois, 116 U.S. 252 (1886), was a landmark decision of the Supreme Court of the United States that held, "Unless restrained by their own constitutions, state legislatures may enact statutes to control and regulate all organizations, drilling, and parading of military bodies and associations except those which are authorized by the militia laws of the United States." It states 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 states, and that the right to peaceably assemble in the First Amendment to the United States Constitution was not protected by the clause referred to except to petition the government for a redress of grievances. This decision was overruled in McDonald v. City of Chicago (2010). Wiki link

⚖️ Presser v. Illinois