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State v. Newsom

27 N.C. 250 (1844)

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State v. Newsom

North Carolina Supreme Court
27 N.C. 250 (1844)

Facts

A jury convicted Elijah Newsom (defendant), a free person of color, of carrying a shotgun without a license—a violation of an 1840 North Carolina law that prohibited free people of color from keeping or bearing arms without obtaining a license from the local county court of pleas. However, Newsom challenged the validity of the statute in light of both the Second Amendment to the United States Constitution and an article of the North Carolina constitution that forbade the granting of exclusive privileges. The trial court ultimately agreed with Newsom. The state (plaintiff) appealed to the North Carolina Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Nash, J.)

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Casebooks

Firearms Law

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