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Arms

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

Weapons, offensive or defensi^ See Arma. 1.

Aggressive weapons; instruments of i tack. At common law one may carry arms for def en But going armed with dangerous or imusual weapo by terrifying the people, is a crime against the peac See Defense, 1. Playfully or wantonly pointing fire-arms at anoth which was an assault at common law, has been mi a statutory offense with increased punishment. Discharging fire arms within the limits of incor rated towns and cites is generally prohibited. " A well regulated Militia, being necessary to i security of a free State, the right of the people to k( and bear Ai-ms, shall not be infi-inged." ' ' 3 Bl. Com. 308. This right is preserved, also, by the Bill of Eights of each State, and the exercise regulated by statute. The right to bear arms is not a right granted by the Constitution; nor is it dependent upon that instrument for its existence. The Second Amendment declares tliat it shall not be infringed — by Congress.' See Amendment, 2; Police, 2. TWiile it is true that that Amendment is a limitation upon the powers of Congress only, nevertheless, since all citizens capable of bearing arms constitute the reserved military force of the National' government, a State cannot prohibit the people from keeping and carrying arms so as to deprive the United States of their rightful resource for maintaining the public safety.'^ The right to bear ai*ms for the common defense does not mean the right to bear them ordinarily or commonly, for individual defense, but refers to the right to bear them for the defense of the community against invasion or oppression. In order that he may be trained and efficient in their use, the citizen has the right to keep the arms of modern warfare and to use them in such manner as they may be capable of being used, without annoyance and hui't to others." By arms, in such connection, is meant such as are usually employed in civilized warfare and constitute the ordinary military equipment.* See Treason; War; Weapon. 2. Anything that may be used for defense or attack: as, staves, Sticks, or ^other missiles, as well as fire-arms. Whence " force and arms." See Force, 2; Violence.