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NeCede's

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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