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There has been talk that anti-democracy protests in DC tomorrow will involve carrying guns. So it's worth saying that the Second Amendment doesn't protect armed groups walking around major cities.
The Supreme court said that 150 years ago in a case called Presser v. Illinois.
The Supreme court said that 150 years ago in a case called Presser v. Illinois.
At the founding armed groups like this were either unlawful assemblies or riots and could be prosecuted.
I wrote a law review article about it.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3537801
I wrote a law review article about it.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3537801
Don't take my word for it. Here is Duke law professor Darrell Miller saying the same thing. https://www.washingtonpost.com/outlook/2020/09/02/militants-kenosha-vigilante-second-amendment-law/#click=https://t.co/E8DeM8Kwi5
It also doesn't matter that this is a "protest." There is no right to protest in an armed group.
Here is an article my colleagues at everytown wrote about it. https://www.uclalawreview.org/prohibiting-guns-at-public-demonstrations/
Here is an article my colleagues at everytown wrote about it. https://www.uclalawreview.org/prohibiting-guns-at-public-demonstrations/
It's worth adding that the "militias" that might be involved in tomorrow's events have nothing to do with the "well regulated militia" protected by the Second Amendment.
Historical militias were regulated and run by state governments, under the supervision of the federal gov.
Historical militias were regulated and run by state governments, under the supervision of the federal gov.
Another piece on this issue that came out today. https://slate.com/news-and-politics/2021/01/guns-polling-places-georgia.html?via=rss_socialflow_twitter
Another source saying you can prohibit guns at protests:
https://dlj.law.duke.edu/article/leave-your-guns-at-home-morgan-vol68-iss1/
https://dlj.law.duke.edu/article/leave-your-guns-at-home-morgan-vol68-iss1/
