THE LAW OF CARRYING WEAPONS IN THE UNITED STATES

The statutes of the various States upon the subject of carrying weapons are substantially similar, the main differences relating to the persons exempted from their operation, and to the manner of carrying the weapon, some making it an offence to carry the weapon at all, whether concealed or not; others prohibiting the carrying of concealed weapons only.

These statutes have been held to be police regulations, and not to conflict with the constitutional right of the people to keep and bear arms.

Weapons are considered to be concealed, within the intent of the statutes, when they cannot be readily seen by ordinary observation.

In some of the States, as in Kentucky, Louisiana, and Missouri, the carrying of “deadly” or “dangerous” weapons is prohibited. Most of the States, however, specify the weapons prohibited. Such weapons as pistols, dirks, butchers’ or bowie knives, stilettos, daggers, swords, brass knuckles, razors, slugs, etc., are usually specified in nearly all of the statutes.

Officers of the law are usually exempted from the operation of the statutes. The officers must, however, be duly appointed, and in the discharge of their duties at the time of carrying the weapons.Persons who are threatened with bodily harm or who have reasonable grounds to apprehend danger or attack, are usually justified in carrying concealed weapons. It is not every idle threat, however, which would justify one in carrying concealed weapons. The threat must be such as to cause a reasonable apprehension of danger. Examples of this exemption are found in the statutes of Alabama, Kentucky, Mississippi, Texas, Maryland, and West Virginia.

Persons on their own premises are frequently exempted from the operation of the statutes. This is so in Arkansas, North Carolina, and Texas.

Some of the statutes exempt persons who are travelling. This is so in Arkansas, Mississippi, and Texas.

The burden of proving exemption rests usually upon the accused. This has been expressly decided in Arkansas, Indiana, Iowa, Kentucky, Missouri, Montana, North Carolina, Tennessee, and Texas. In Michigan, however, it has been held that the prosecution must prove that the defendant does not fall within one of the exemptions.