TriggerFinger


Footnote 6


6 Of the state appellate courts that have examined the question, at least seven have held that the Second Amendment protects an individual right, see Hilberg v. F.W. Woolworth Co., 761 P.2d 236, 240 (Colo. Ct. App. 1988); Brewer v. Commonwealth, 206 S.W.3d 343, 347 & n.5 (Ky. 2006); State v. Blanchard, 776 So. 2d 1165,  1168 (La. 2001); State v. Nickerson, 247 P.2d 188, 192 (Mont. 1952); Stillwell v. Stillwell, 2001 WL 862620, at *4 (Tenn. Ct. App. July 30, 2001); State v. Anderson, 2000 WL 122218, at *7 n.3 (Tenn. Crim. App. Jan. 26, 2000); State v. Williams, 148 P.3d 993, 998 (Wash. 2006); Rohrbaugh v. State, 607 S.E.2d 404, 412 (W. Va. 2004), whereas at least ten state appellate courts (including the District of Columbia) have endorsed the collective right position, see United States v. Sandidge, 520 A.2d 1057, 1058 (D.C. 1987); Commonwealth v. Davis, 343 N.E.2d 847, 850 (Mass. 1976); In re Atkinson, 291 N.W.2d 396, 398 n.1 (Minn. 1980); Harris v. State, 432 P.2d 929, 930 (Nev. 1967); Burton v. Sills, 248 A.2d 521, 526 (N.J. 1968); In re Cassidy, 51 N.Y.S.2d 202, 205 (N.Y. App. Div. 1944); State v. Fennell, 382 S.E.2d 231,  232 (N.C. Ct. App. 1989); Mosher v. City of Dayton, 358  N.E.2d 540, 543 (Ohio 1976); Master v. State, 653 S.W.2d 944, 945 (Tex. App. 1983); State v. Vlacil, 645 P.2d 677, 679 (Utah 1982); see also Kalodimos v. Village of Morton Grove, 470 N.E.2d 266, 269 (Ill. 1984) (stating in dicta that Second Amendment protects collective right).

This entry was published Sat Mar 17 17:23:47 CDT 2007 by TriggerFinger and last updated 2007-03-17 17:23:47.0. [Tweet]

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