Case4:09-cv-04493-CW Document93 Filed07/09/12 Page17 of 23
1
completely banning the carrying of firearms in various ways. 8 Wyoming, for example,
2
prohibited the carrying of firearms in any “city, town, or village.” 1876 Wyo. Comp. Laws ch.
3
52, § 1. Even in the “Wild West,” often recognized for its gun culture, cattle towns like Dodge
4
City prohibited public carry. See, e.g., Dodge City, Kan., Ordinance No. 16, § XI (Sept. 22,
5
1876).
6
To the extent such prohibitions on concealed weapons were challenged in court,
7
they overwhelmingly survived constitutional review. As Heller recognized, “the majority of the
8
19th-century courts to consider the question held that prohibitions on carrying concealed
9
weapons were lawful under the Second Amendment or state analogues.” 554 U.S. at 626; see
10
also Baldwin, 165 U.S. at 281-82 (“[T]he right of the people to keep and bear arms . . . is not
11
infringed by laws prohibiting the carrying of concealed weapons”).
12
For example, in State v. Workman, the West Virginia Supreme Court of Appeals
13
affirmed the constitutionality of a licensing statute that restricted public carry of pistols and
14
other weapons to those who “had good cause to believe, and did believe, that he was in danger
15
of death or great bodily harm at the hands of another person, and that he was, in good faith,
16
carrying such weapons for self-defense and for no other purpose . . . .” 14 S.E. 9, 10-11 (W.V.
17
1891) (quoting W. Va. Code ch. 148, § 7 (1870)). The court predicated its decision on the
18
Statute of Northampton, declaring the Second Amendment “should be constructed with
19
reference to the provisions of the common law.” Id. at 11. The West Virginia licensing statute
20
upheld in Workman, like Section 26150 at issue here, predicated issuance of a license on good
21
cause. See Cal. Pen. Code § 26150 (2012) (“Good cause exists for issuance of the license.”).
22
Moreover, in Fife v. State, an Arkansas court held that a statute prohibiting the public carrying
23
of pistols similar to Section 25850 was a lawful “exercise of the police power of the State.” 31
24
Ark 455, 1876 WL 1562, at *4 (1876). Many other state courts followed suit in upholding
25 26 27
8
See 1879 Tenn. Pub. Acts, ch. 186; 1876 Wyo. Laws ch. 52; Act of Apr. 1, 1881, No. 96, 1881 Ark. Acts 191; Tex. Act of Apr. 12, 1871..
28 BRIEF OF AMICUS CURIAE LEGAL COMMUNITY AGAINST VIOLENCE IN SUPPORT OF DEFENDANTS’ CROSS-MOTIONS FOR SUMMARY JUDGMENT
9
Civil Case No.: 09-cv-04493-CW