The class of cases to which the constitutional provision applies is widely different from the right of a private citizen to bear, concealed about his person, deadly weapons or arms. In the one, they are kept and carried in conformity with the Constitution and laws of the United States, with a certain specific object in view; in the other, they are kept and carried for private purposes, wholly independent of any constitutional regulation, and to answer private ends, wh[i]ch have no bearing upon the security of the State[.] If this idea be correct, then it follows that when arms are not kept or used for the defense of the State or Federal government, the manner of carrying and mode of using them are subject to the control and authority Of the State Legislature.State v. Buzzard, 4 Ark. (2 Pike) 18 (1842)
Friday, August 8, 2014
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They appear to have clarified this issue,
ReplyDelete"The citizens of this State shall have the right to keep and bear arms, for their common defense."
http://www.arkleg.state.ar.us/assembly/Summary/ArkansasConstitution1874.pdf
Problem solved....
Not solved at all. That ruling represents just one more tug in the tug-o-war that is far from over.
Delete"the manner of carrying and mode of using them are subject to the control and authority Of the State Legislature."
ReplyDeleteWell, stating the obvious now are we? Or have you not read all the differing state laws on firearms. Each state (and sometimes each county) has differing laws pertaining to firearms. Its a patchwork that can get the ill informed in trouble, as has been the case many times in this country.
The thing is now we have different levels of courts stepping in and taking on the constitutionality of the differing states and other local laws concerning firearms.