The History of Bans on Types of Arms Before 1900
Controversial arms are nothing new in the United States. During the 19th century, there were widespread concerns about criminal use of arms such a Bowie knives, slungshots, blackjacks, and brass knuckles. The full history of state, territorial, and colonial laws about controversial arms is detailed in my recent article for Notre Dame’s Journal of Legislation, The History of Bans on Types of Arms Before 1900, coauthored with Joseph Greenlee.
Because the article is thorough, it is enormous: 163 pages of text, and 1,563 footnotes. The student staff for volume 50 of the Journal of Legislation was spectacular. Not every law journal has staff who could handle such a megillah, let alone a staff that whose meticulous cite-check would improve the article.
The mainstream American approach to controls of the above arms were: 1. bans on concealed carry; 2. limits on sales to minors, such as requiring parental permission; and 3. extra penalties for misuse in a crime. Sales bans were the minority approach, and possession bans very rare.
From 1607 through 1899, sales bans for nonfirearm arms were:
- Bowie knife. Sales bans in Georgia, Tennessee, and later in Arkansas. Georgia ban held to violate the Second Amendment. Nunn v. State, 1 Ga. 243 (1846).
- Prohibitive transfer or occupational vendor taxes in Alabama and Florida, which were repealed. Personal property taxes at levels high enough to discourage possession by poor people in Mississippi, Alabama, and North Carolina.
- Dirk (a type of fighting knife). Georgia (1837) (held to violate Second Amendment); Arkansas (1881).
- Sword cane (a sword concealed in a walking stick). Georgia (1837), held to violate the Second Amendment. Arkansas (1881).
- Slungshot or “colt” (most typically, a lead weight held in the tip of a flexible bludgeon). Sales bans in nine states or territories. The Kent
Article from Latest
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.