[font="Univers, Arial"]Prosecution of a deputy sheriff for carrying a concealed deadly weapon. The Circuit Court, Perry County, C.C. Wells, Judge, entered judgment of conviction and defendant appealed. The Court of Appeals, Moremen, Judge, held that where deputy sheriff went outside of the county in which he was appointed to locate an alleged offender for the purpose of offender’s arrest pursuant to a warrant which had been delivered to him, he had the right to carry a concealed deadly weapon.[/font]
[font="Univers, Arial"]Judgment reversed with instructions that indictment be dismissed.[/font]
[font="Univers, Arial"]MOREMEN, Judge.[/font]
[font="Univers, Arial"]"……Section 1, subd. 7 of the Bill of Rights, which is concerned with inherent and inalienable rights, grants to all citizens:[/font]
‘[font="Univers, Arial"]The right to bear arms in defense of themselves and of the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons.’[/font]
[font="Univers, Arial"]The foregoing section is an exemplification of the broadest expression of the right to bear arms. Some states give the legislature the right to regulate the carrying of firearms; at least one state prohibits even the possession of firearms. See cases collected in the annotation of Pierce v State of Oklahoma, 42 Okl. Cr. 272, 275 P. 393, 73 A.L.R. 833.[/font]
[font="Univers, Arial"]In our state the legislature is empowered only to deny to citizens the right to carry concealed weapons. The constitutional provision is an affirmation of the faith that all men have the inherent right to arm themselves for the defense of themselves and of the state. The only limitation concerns the mode of carrying such instruments. We observe, via obiter dicta, that although a person is granted the right to carry a weapon openly, a severe penalty is imposed for carrying it concealed. If the gun is worn outside the jacket or shirt in full view, no one may question the wearer’s right so to do; but if it is carried under the jacket or shirt, the violator is subject to imprisonment for not less than two nor more than five years. The heavy emphasis, we suppose, is upon the undue advantage given to a person who is able suddenly to expose and use a weapon, although the gun itself is the vicious instrument………."[/font]
[font="Univers, Arial"]Emphasis supplied.[/font]
