Wilson v. State, 33 Ark. 557
But to prohibit the citizen from wearing or carrying a war arm, except upon his own premises or when on a journey traveling through the country with baggage, or when acting as or in aid of an officer, is an unwarranted restriction upon his constitutional right to keep and bear arms.
If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege.
The judgment is reversed and the cause remanded for a new trial.
Bliss vs. Commonwealth, 12 Ky.
Whether or not an act of the legislature conflicts with the constitution, is, at all times, a question of great delicacy, and deserves the most mature and deliberate consideration of the court. But though a question of delicacy, yet as it is a judicial one, the court would be unworthy its station, were it to shrink from deciding it whenever, in the course of judicial examination, a decision becomes material to the right in contest. The court should never, on slight implication or vague conjecture, pronounce the legislature to have transcended its authority in the enactment of law; but when a clear and strong conviction is entertained, that an act of the legislature is incompatible with the constitution, there is no alternative for the court to pursue, but to declare that conviction, and pronounce the act inoperative and void. And such is the conviction entertained by a majority of the court, (Judge Mills dissenting,) in relation to the act in question.
The judgment must, consequently, be reversed.
Nunn vs. State, 1 Ga.
We are of the opinion, then, that so far as the act of 1837 seeks to suppress the practice of carrying certain weapons secretly, that it is valid, inasmuch as it does not deprive the citizen of his natural right of self-defence, or of his constitutional right to keep and bear arms. But that so much of it, as contains a prohibition against bearing arms openly, is in conflict with the Constitution, and void; and that, as the defendant has been indicted and convicted for carrying a pistol, without charging that it was done in a concealed manner, under that portion of the statute which entirely forbids its use, the judgment of the court below must be reversed, and the proceeding quashed.
[Wikipedia: The Supreme Court in its ruling in Heller v. District of Columbia said Nunn, "...perfectly captured the way in which the operative clause of the Second amendment furthered the purpose announced in the prefatory clause...." The Nunn court concept of fundamental rights was relevant to determine whether or not the Second Amendment is a restriction only on the federal government or whether the right to keep and bear arms is a fundamental right that cannot be infringed by the state governments.]
People vs. Zerillo
The part of the act making it a crime for an unnaturalized foreign-born resident to possess a revolver, unless so permitted by the sheriff, contravenes the guaranty of such right in the Constitution of the state, and is void. The statute must be construed in accord with the provisions of our Constitution, and it may stand as an act prohibiting the use of firearms by unnaturalized foreign-born residents in hunting or capturing or killing any wild bird or animals, either game or otherwise, of any description, excepting in defense of person or property, but so far as it makes it a crime for unnaturalized residents to possess a revolver for the legitimate defense of their persons and property it is void.
Under the complaint and warrant and the evidence the defendant should have been adjudged not guilty. The conviction is set aside, and defendant is discharged.
State vs. Kerner, 181 N.C. 574
On this occasion, the defendant threatened with violence was forced to abandon his property. He went to his place of business where he had the right to keep his pistol, "being on his own premises," and returned with it unconcealed. He was acting in self-defense of his person and in defense of his property. The court below most properly adjudged upon the special verdict that he was not guilty.