Robertson v. Baldwin declared “the carrying of concealed weapons” (presumably, handguns and knives) to be an exception to the Second Amendment. 165 U.S. 275, 281-82 (1897). The exception proves the rule: that a ban on all handguns in the home violates the Second Amendment. Similarly, Justice Holmes’ opinion in Patsone v. Pennsylvania upheld a state statute against legal aliens possessing long guns for hunting, because the statute “does not extend to weapons such as pistols that may be supposed to be needed occasionally for self-defence.” 232 U.S. 138, 143 (1914).
David B. Kopel
Brief of The International Law Enforcement Educators and Trainers Association (ILEETA), The International Association of Law Enforcement Firearms Instructors (IALEFI), Maryland State Lodge, Fraternal Order of Police, Southern States Police Benevolent Association, 29 Elected California District Attorneys, San Francisco Veteran Police Officers Association, Long Beach Police Officers Association, Texas Police Chiefs Association, Texas Municipal Police Association, New York State Association of Auxiliary Police, Mendocino County, Calif., Sheriff Thomas D. Allman, Oregon State Rep. Andy Olson, National Police Defense Foundation, Law Enforcement Alliance of America, and The Independence Institute as amici curiae in support of respondent. D.C. v. Heller