Arms

Anything that a man wears for his defense, or takes in his hands, or uses in his anger, to cast at or strike at another. Co. Litt. 161b, 162a; Cromp. Jus. Peace, 65; Cunningham. Every description of weapon, offensive and defensive. 4 Ark. 21. The constitution of the United States (Amend, art. 2) declares that, "a well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed." This has been held to mean only such arms as are adapted to military purposes. 3 Heisk. (Tenn.) 179; 35 Tex. 476. Signs of arms, or drawings, painted on shields, banners, and the like. The arms of the United States are described in the resolution of congress of June 20, 1782.

Anything that a man wears for his defence, or tikes in his hands, or uses in his anger, to cast at or strike at another. Co. Litt. 101 o, 102a; Cromp. Just. P. 65; Cunning, Diet. The constitution of the United States, Amend, art 2, declares that, "a well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed." This is said to be not a right granted by the constitution, and not dependent upon that instrument for its existence. The amendment means no more than that this right shall not be infringed by congress; it restricts the powers of the national government, leaving all matters of police regulations, for the protection of the people, to the states; U. S. v. Cruikshank, 92 U. S. 553, 23 L. Ed. 588. An act forbidding the carrying of pistols, dirks, etc., is not repugnant to this article; the "arms" referred to are the arms of a soldier, etc.; English v. State, 35 Tex. 473, 14 Am. Rep. 374. A statute prohibiting the wearing of concealed deadly weapons is constitutional; Wright v. Com., 77 Pa. 470; Andrews v. State, 3 Heisk. (Tenn.) 105, 8 Am. Rep. 8; Hill v. State, 53 Ga. 472; Fife v. State, 31 Ark. 455, 25 Am. Rep. 550; Walls v. State, 7 Blackf. (Ind.) 572; Owen v. State, 31 Ala. 387; contra, Bliss v. Com., 2 Litt. (Ky.) 90, 13 Am. Dec. 251. See Story, Const. 5th ed. § 1895; Rawle, Const. 125. A provision in a state bill of rights that "the people have a right to bear arms for their defense and security" is a limitation on legislative power to enact laws prohibiting the bearing of arms in the militia, or any other military organization provided for by law, but it is not a limitation on legislative power to prohibit and punish the promiscuous carrying of arms or other deadly weapons; City of Salina v. Blaksley, 72 Kan. 230, 83 Pac. 019, 3 L. R. A. (N. S.) 108, 115 Am. St. Rep. 190. This right is not violated by a statute prohibiting unauthorized bodies of men to associate together as a military organization, or to drill and parade with arms in cities and towns; Com. v. Murphy, 100 Mass. 171, 44 N. E. 138, 32 L. R. A. 000. One who carries a pistol concealed in a satchel supported and carried by a strap over his shoulder, is guilty of carrying a pocket; Warren v. State, 94 Ala. 79. 10 South. 838; Boles v. State, 80 Ga. '_■ S. B. 301. The fact that one carri cealed weapon for the purpose of does not excuse his act; State v. I>i\ a. 114 N. C. 850, 19 s. B. 364; nor does the fact that he has repaired it and is returning it in his pocket; Strahan v. Btal 347, 8 South. 844: contra, state v. Roberts, 39 Mo. App. 47. The carrying of a pistol in the pocket for target practice does not constitute the offence of carrying a weapon; State v. Murray. ■".'.• Mo. App. l'JT. See Dangerous Weapon; Weapon. Signs of arms, or drawings, painted on shields, banners, and the like. Heraldic bearings. The arms of the United States are described in the resolution of congress of June 20, 17S2.

I. fr. A weapon.

Anything that a man wears for his defense, or takes in his hands, or nses in his anger, to cast at or strike at another, Co. Litt. 1616, 162¢,; Cromp. Just. Peace, 65. This term, as it is used in the constitution, relative to the right of citizens to bear arms, refers to the arms of a militiaman or soldier, and the word is used in its military sense. The arms of the infantry soldier are the musket and bayonet; of cavalry and dragoons, tha sabre, holster pistols, and carbine; of the ar tillery, the field-piece, siege-fun, and mortar, with side arins. ‘The term, ia this eonnection, cannot be made te cover such weapons as dirks, daggers, slung-sliots, sword-canes, brass knuckles, and bowie-knives. ‘These are not military arms. o/ Tex.476; 3 Heisk. 179. Arms, or coat of arms, signifies insignia, i. e., ensigns of honor, such as were formerly assumed by soldiers of fortune, and painted on their shields to distinguish them; or nearly the same as armorial bearings, (q. 0.)

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.

[Lat. arma.] Weapons offensive and defensive; anything that a man strikes or hurts with. Co. Litt. 161 b, 162 a. See Arma, Force and arms.