The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1891-05-21
RIGHT TO BEAR ARMS.
1T SHALL NOT BE INFRINGED, SAYS
THE CONSTITUTION.
Some Interviews as to the Power of States
and Municipalities to Make Restricting
Laws and Ordinances-The Question
Pertinent One at This Time.

|
Laws and Ordinances-The Question
, Pertinent One at This Time.
|, Especial Correspondence
NEW YORK, May 4.-There is probabl
no state in the Union in which there is no
law against the carrying of certain weap
ons, and against carrying any concealed
weapon. Even in Texas, which the worlt
at large feels called upon to regard as tn,
paradise of pistol shooters, there D such
law, and it is enforced to certain extent
That is, a stranger who should be foun(
carrying revolver in his pocket would
probably have to pay fine, though yer,
large proportion of the citizens of the stat.
undoubtedly carry them and are not pun
ished
In Memphis, some eight or nine year.
ago, sort Of epidemic of shooting
ARRAYS led to the passage of a local ordi
nance by virtue of which persons WHIT
were found carrying pistols were impris
oned and not fined. The mayor of a neigh
| boring city, who went armed while travel
ing, was accordingly sentenced to sixty
| days in Jail, and no influence which he
| could bring to bear was sufficient to save
| him from going there, though l believe
| he was, in fact, pardoned before he had
| been there very long.
1t may be said in general way that the
laws and ordinances in the different parts
of the United States are very similar, and
| it is therefore enough to quote those OF
| New York. Here there are a state law and
| corporation ordinance on the subject.
The state iaw prohibiting the carrying OF
fo1c bn. lnI Ar -
the penal code declares that any person
who carries, conceals, or possesses dag
ger, dirk, or a dangerous knife with In
tent to use it against the person of another
shall be guilty of felony, and the following
section declares that the possession of such
a weapon shall be deemed presumptive
evidence of intent to use it. The offense
being a felony, it is, of course, punished
severely, the penalty being fine not ex-
ceeding $1,000, or imprisonment for not
more than seven years, or both.
The carrying of pistol is less serious
ottense, but according to the corporation
ordinance it is misdemeanor for any per-
son, excepting judges of the federal and
state courts and officers of the state and
city, to carry a pistol of any kind "con-
cealed on his person and not carried
openly" Provision is made for the issu-
ance of permit enabling citizen to carry
pistol lawfully, but in default of such
permit penalty of ten dollars fine or ten
days Imprisonment is prescribed.
Just now, probably because of certain
notable crimes committed by foreigners.
there has been loud call for the strict en-
iorcement of such laws. The New York
Sun he other day quoted an Italian, who
had been arrt-ted and found to have
pistol in his pocket. as saying that the
habit of carrying we.ccns is universal
among Italians in this country, and eX-
pressed its belief that the statement is not
far from true. 1t then referred to the state
law making felony of the carrying of
certain specified weapons with intent to
use them, and said, SIT is evident that such
weapons are not borne without the intent
to use them," and called on the police to
arrest everybody who may be suspected of
carrying them. This is in effect demand
that every Italian shall be arrested.
Now, the constitution of the United
States, in the second amendment, says: "a
well regulated militia being necessary to
the security of free state, the right of the
people to keep and bear arms shall not be
infringed"
To the lay mind there is an apparent
conflict between this provision and the
state laws mentioned, and have consulted
various authorities on the subject.
Ex-Governor Hoadly, of Ohio, who is
now practicing law in New York, said that,
without taking time to examine the ones
ton thoroughly, he was inclined to think
that there was no conflict between the con-
stitutional provision quoted and the vari-
Gus laws mentioned. sit has been held"
be said, that the constitutional provisions
apply to federal legislation and to the DO
lice power of congress in the District of
Columbia, and SO forth. They do not ap- |
ply as restricting the power of states or
to pass their own laws"
But by that you do not mean," said I, |
that state can infringe any right of the |
,itizen which is guaranteed by the consti- |
,ution of the United States?"
"Of course not" he said hastily. "But |
his right TO keep and bear arms, which is |
lot to be infringed, does not mean a right |
% carry concealed weapons 1t means, |
-ather, the use of weapons of warfare"
Then a citizen may carry a revolver in
/ belt, but not in his pocket"
well, you may reduce it to that sup
bose. but remember am not giving YOU q
carefully prepared opinion-only an off
hand one"
Governor Albeit. of New Jersey, seemed
% be by no means so sure of the constitu-
ionaity of the laws in question, though
Is an executor, charged with the duty of en-
orcing them, he would not criticise them.
lie refused rather brusquely to express
my opinion whatever. Ex-President
cleveland refused even to be seen for an
Interview on the subject.
Mr.. Hummel, of the firm of Howe s.
iummel, Is generally conceded TO be the
eading lawyer in criminal practice" so
allied, at the New York bar. Atall events.
he is reputed TO understand the criminal
ode as well as, if not better than any Of his
ivals. He said:
i have given great deal of study to the
PROVISIONS OF the penal code and the rnu-
nclpal ordinances restricting the carrying
Il deadly weapons, and / have no hesita-
Ion In saying that in so far as they relate
o the carrying of weapons used in civil
Zeo warfare they contravene the second
nenoment TO the constitution of the
Jnlted States / have repeatedly advised
ny clients TO that effect when thew have
Sked Tor my opinion touching their rights.
That second amendment must have
cen stumbling block in the way Of the
lawmakers who framed the provisions Of
he penal code OF the state, for in the e,,,-
leration of weapons the possession or car.
age of which Is declared a feionv a.