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Early America Open Carry.

cvc

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This is an excerpt from the CATO Institute talking about Open Carry in the early days of America. They are talking about the period before most conceal carry laws were passed.

Cato Policy Analysis No. 284

"At the time the restrictions were enacted, then, people were generally free to carry firearms openly. Honest men engaged in lawful behavior had no reason to take pains to hide their weapons, for weapons were a part of everyday life. In a society in which open-carry was the norm, the natural presumption was that one was unarmed if his weapon was not in plain sight. In that context, concealment was regarded as an act of deception, an ignoble act designed to gain unfair or surprise advantage over others. Open-carry placed men in a position of equality with respect to one another by giving all fair warning whether any was armed. Since those who carried concealed weapons sought a deadly, unfair advantage, criminal or malicious intent was effectively presumed."[/b]

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The entire article can be read at http://www.cato.org/pubs/pas/pa-284.html

CVC

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Malum Prohibitum

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I wanted to add a link to Nunn v. State, an 1846 Georgia Supreme Court case regarding open carry in which the court said that the General Assembly could regulate concealed carry, but not open, and, since the man was indicted on a charge of carrying two horseman's pistols openly, it should be quashed.

This was at a time when Georgia's state constitution had no "right to bear arms" provision in it.

http://www.claytoncramer.com/primary/rkbadecisions/Nunn1846.pdf



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