Commonwealth v. Murphy
Massachusetts Supreme Judicial Court
Complaint, on St. 1893, c. 367, § 124, to the Municipal. Court of the City of Boston, alleging that the defendant, on March 17, 1895, at said Boston, “ did belong to and parade with a certain unauthorized body of men with arms, called the 6 Sarsfield Guards,’ which said body of men had theretofore associated themselves together, and were then associated together, as a company and organization for drill and parade with firearms, said body of men being other ” than certain…
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Complaint, on St. 1893, c. 367, § 124, to the Municipal. Court of the City of Boston, alleging that the defendant, on March 17, 1895, at said Boston, “ did belong to and parade with a certain unauthorized body of men with arms, called the 6 Sarsfield Guards,’ which said body of men had theretofore associated themselves together, and were then associated together, as a company and organization for drill and parade with firearms, said body of men being other ” than certain bodies of men speci- . fled, who were permitted by the statute to drill and parade. Trial in the Superior Court, before…
1Opinion of the CourtAllen, J.
The defendant contends that this statute is in contravention of the seventeenth article of the Declaration of Rights, which declares that “the people have a right to keep and bear arms for the common defence.” This view cannot be supported. The right to keep and bear arms for the common defence does not include the right to associate together as a military organization, or to drill and parade with arms in cities and towns, unless authorized so to do by law. This is a matter affecting the public security, quiet, and good order, and it is within the police powers of the Legislature to regulate…
2Cases cited12 opinions
- Presser v. IllinoisSupreme Court of the United States · 1886
- State v. ReidSupreme Court of Alabama · 1840
- English v. StateTexas Supreme Court · 1872
- Bliss v. CommonwealthCourt of Appeals of Kentucky · 1822
- Andrews v. StateTennessee Supreme Court · 1871
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Commonwealth v. DepinaMassachusetts Supreme Judicial Court · 2010
- Commonwealth v. DavisMassachusetts Supreme Judicial Court · 1976
- State v. DawsonSupreme Court of North Carolina · 1968
- City of Salina v. BlaksleySupreme Court of Kansas · 1905
- Commonwealth v. LoadholtMassachusetts Supreme Judicial Court · 2010
11 more not listed; retrieve them via the Exa API.