Arms

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.