In a per curiam opinion, the Court ruled that the “conclusive answer to the contention that this amendment prohibits the legislation in question lies in the fact that the amendment is a limitation only upon the power of congress and the national government, and not upon that of the state.” The Court reaffirmed its decision in United States v. Cruikshank (1876) that the Second Amendment limits only the federal government, not the states. The Court explained, however, that while states may limit firearm ownership, they “cannot, even laying the constitutional provision in question out of view, prohibit the people from keeping and bearing arms, so as to deprive the United States of their rightful resource for maintaining the public security, and disable the people from performing their duty to the general government.”

The Court also rejected Presser’s argument that the Constitution protected his right to assemble, drill, or march in a militia independent of statutory authority from the federal or state government, writing, “[m]ilitary organization and military drill and parade under arms are subjects especially under the control of the government of every country. They cannot be claimed as a right independent of law. Under our political system they are subject to the regulation and control of the State and Federal governments, acting in due regard to their respective prerogatives and powers. The Constitution and laws of the United States will be searched in vain for any support to the view that these rights are privileges and immunities of citizens of the United States independent of some specific legislation on the subject.”