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64 LAW AND CONTEMPORARY PROBLEMS [Vol. 80: 55
1900s.
49
Laws in the eighteenth century did not typically identify weapons
concealment as criminal per se, but did restrict more general carrying of firearms,
usually if done in crowded places, or groups of armed people. Among the earliest
laws criminalizing the carrying of concealed weapons was that of Kentucky in
1813.
50
As with the brandishing laws, concealed carry laws normally targeted
pistols as well as various knives, the chief feature of which was that they had long,
thin blades that were favorites in interpersonal fights. Louisiana enacted a similar
law that same year.
51
A particularly sharp comment on the intent behind such
laws was expressed in Tennessee’s 1837 law, which referred to “[e]ach and every
person so degrading himself” by carrying pistols or other named weapons.
52
The
preamble of Georgia’s 1837 law began: “AN ACT to guard and protect the
citizens of this State, against the unwarrantable and too prevalent use of deadly
weapons.”
53
Alabama’s 1839 concealed carry law reflected similar antipathy to
the practice it was prohibiting: “AN ACT To suppress the evil practice of carrying
weapons secretly.”
54
Concealed carry laws generally made exceptions for
travelers passing through an area while armed.
These laws were enacted in most states of the union and all across the country,
including territories. In nineteenth-century laws, the main emphasis was on
prohibiting concealed carry, whereas early twentieth century laws generally
TO ALASKA FROM MARCH 30, 1867 TO MARCH 3, 1905, S. DOC. NO. 59-142 (1906); Arizona: Act of Mar.
18, 1889, no. 13, 1889 Ariz. Sess. Laws 16; Florida: Act of May 31, 1887, ch. 3777, no. 97, § 16 1887 Fla.
Laws 181, 186; Illinois: Act of Apr. 16, 1881, 1881 Ill. Laws 73 (codified in 38
ILL. COMP. STAT. §54(d)
(1882)); Kansas: K
AN. STAT. ANN. ch. 19, art. 3, § 68 (1901); Maryland: Act of Feb. 26, 1872, ch. 42, 1872
Md. Laws 56; Michigan: Act of May 31, 1887, no. 129, 1887 Mich. Pub. Acts 144; Minnesota: M
INN. STAT.
ch. CIV, § 17 (1881) (as amended through 1878); Mississippi: Act of Feb. 28, 1878, ch. XLVI, § 1, 1878
Miss. Laws 175, 175; Missouri: Act of Mar. 3, 1873, art. III, § 15, 1873 Mo. Laws 322, 328; N
EB. STAT.
REV. pt. III, ch. V, § 25 (1881); New York: Act of Mar. 27, 1891, chap. 105, § 209, 1891 N.Y. Laws 127,
177; North Dakota: N.D. R
EV. CODE § 7313, N.D. PENAL CODE § 457 (1895); Oklahoma: Penal Code of
the Territory of Oklahoma, ch. 25, art. 38, § 20, 1890 Okla. Sess. Laws 412, 476; Rhode Island: Act of
May 3, 1893, ch. 1180, 1893 R.I. Pub. Laws 231; South Carolina: Act of Dec. 24, 1880, no. 362, § 1, 1880
S.C. Acts 448; South Dakota: S.D.
REV. CODE, PENAL, ch. XXXVIII, § 457 (1883); Texas: Act of Aug.
12, 1870, ch. XLVI, 1870 Tex. Gen. Laws 63; Washington: W
ASH. REV. CODE ch. LXXIII, § 929 (1881);
West Virginia: W. V
A. CODE ch. CXLVIII, § 7 (1870); Wyoming: WYO. STAT. ch. LII, § 1 (1876).
49. Connecticut: Act of June 2, 1923, ch. 252, 1923 Conn. Pub. Acts 3707 (codified in II C
ONN. GEN.
STAT. tit. 59, § 6219 (1930)); Hawaii: Act of Mar. 19, 1913, no. 22, 1913 Haw. Sess. Laws 25; Idaho: Act
of Feb. 17, 1909, H.R. 62, 1909 Idaho Sess. Laws 6; Iowa: Act of Apr. 16, 1929, ch. 57, § 30, 1929 Iowa
Acts 81, 90; Nebraska: Act of Mar. 27, 1901, ch. 16, § 129-LV, 1901 Neb. Laws 71, 141 (codified at N
EB.
REV. STAT. part I, ch. 14, art. I, § XXV (1901)).
50. This Kentucky law was struck down as a violation of the Kentucky state constitution in Bliss v.
Commonwealth, 12 Ky. (2 Litt.) 90 (1822). The court’s decision did not involve or touch on the federal
Constitution’s Second Amendment, but instead was based on Kentucky’s more expansive right-to-bear-
arms-type provision. See id. at 90–92. In addition, this ruling was an anomaly in that concealed carry laws
were widely held as constitutional when challenged in other states. See R
OBERT J. SPITZER, GUN
CONTROL, 96–99 (2009) (noting that the Bliss case was an exception to the prevailing trend of upholding
state gun carry restrictions).
51. Act of Mar. 25th, 1813, 1812 La. Acts 172.
52. Tennessee: Act of Oct. 19, 1821, ch. XIII, 1821 Tenn. Pub. Acts 15.
53. Act of Dec. 25, 1837, 1837 Ga. Laws 90. This was the law that was challenged in Nunn v. State,
discussed supra in part III.
54. An Act of Feb. 1, 1839, no. 77, 1838 Ala. Laws 67.