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NeCede's

Maxim 2.5.4

It is a liberty of free citizens to retain arms for their protection and according to their condition.

Source: People v. Horton, 264 N.Y.S. 84, 88; Weisman, 9c Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Free citizens have a liberty to keep and bear arms suitable to their condition for their personal protection — this is a right of free status, not a government-granted privilege.

Where this applies

  • A state requires citizens to prove a specific threat before being allowed to carry a firearm, and a challenger argues that the right to bear arms is an attribute of free citizenship, not a privilege conditioned on demonstrated need.
  • A city bans the possession of firearms in public housing, and a resident challenges the ban on the ground that keeping arms for personal protection is a liberty of free citizens that does not depend on where they live.
  • A state imposes such burdensome requirements for a concealed carry permit that virtually no one qualifies, and a court holds the scheme effectively denies the liberty of free citizens to retain arms for their protection.

Legal domains

Cite this maxim

NeCede Max. 2.5.4 — It is a liberty of free citizens to retain arms for their protection and according to their condition. — People v. Horton, 264 N.Y.S. 84, 88; Weisman, 9c

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