Presser v. Illinois
United States Supreme Court
116 U.S. 252 (1886)
- Written by Eric Miller, JD
Facts
Herman Presser (defendant) belonged to a private militia formed by a labor group consisting of German immigrants. The group conducted a parade in which its members carried unloaded rifles and Presser carried a cavalry sword. Presser was indicted for violation of an Illinois statute that prohibited the unlicensed display of weapons during parades except by members of the United States military and the official militia of Illinois. Presser argued that the statute was a violation of the Second Amendment to the United States Constitution. Presser also raised a challenge under the Privileges and Immunities Clause of the Fourteenth Amendment. The trial court found in favor of the State of Illinois (plaintiff). Presser appealed to the Illinois Supreme Court, which affirmed. Presser then appealed to the United States Supreme Court, which granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Woods, J.)
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