Maxim 2.5.6
The people have a right to bear arms for the defense of themselves and the state.
Source: Weisman, 9f
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) The people's right to bear arms exists for both personal defense and the defense of the state — this dual purpose cannot be legislatively reduced to only one or the other.
Where this applies
- A state legislature bans all firearms except those used for hunting, and a citizen challenges the law because the right to bear arms exists for both personal defense and the defense of the state — not for hunting alone.
- A city ordinance permits gun ownership only for members of the organized militia, and a resident argues the right to bear arms belongs to all the people for both individual self-defense and collective security.
- A regulation restricts firearms to home use only, prohibiting carrying outside the home, and a challenger argues that the dual purpose of the right — personal defense and defense of the state — requires the ability to bear arms beyond one's front door.
Legal domains
Cite this maxim
NeCede Max. 2.5.6 — The people have a right to bear arms for the defense of themselves and the state. — Weisman, 9f
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