The right to bear arms? What kind of arms?

Question

Honestly...What weapons are you permitted by law to carry?

One could argue a baseball bat is an arm.
Would you get stopped for a sword?...People carry them for 'Medievil Fair' so can I walk my dog with one?

This question isn't ment to be a joke. I have not recieved a clear answer on the abilty to bear melee weapons.

Example...I'm sure many can relate too.
I work construction - sometimes in Detroit. Just this week a company truck was broken into. Some jobs we pay people just to stand guard.
Long story short: When I have to walk around site, I clench a hammer, pipebender or what ever just incase.

Where does the law draw then line - because though I use a pipebender for work - it is also my defence. Therefore is it illegal for me to wield a pipebender? Or, is it legal for me to wield a mace?

Thanks for you time. Any links - law references are appreciated.

Answer 1

this is a very interesting question...
Originally I think the right to bear arms was originally interned as a reference to fire arms or guns...

http://en.wikipedia.org/wiki/Right_to_bear_arms
this article makes references to the 2nd amendment right to bear arms and has several good reference sources...

http://www.pbs.org/pov/pov2005/thebrooklynconnection/resources_04.html
This site has numerous articles many referring to federal and state laws regarding arms...

Keep in mind that the 2nd amendment makes a direct reference to fire arms and state militia meaning (see link)
http://en.wikipedia.org/wiki/Militia

other weapons such as knives, and construction tools hammers etc vary from state to state...
http://pweb.netcom.com/~brlevine/sta-law.htm
http://www.thehighroad.org/archive/index.php/f-13.html

hope this helps.

Answer 2

Medievil weapons cannot be carried as such, though, if you work in an industry that it would be part of your job, like at a museum, you could easily explain why it was in your possession. I actually had a non functioning morningstar confiscated from my possession by the police. Swords are much easier to prosecute, because all states (as far as I'm aware of) have a law that restricts all bladed weapons to be smaller than a certain limit. In Indiana the law reads that a bladed weapon cannot exceed a total of 12" (from pummel to blades point) and that the blade itself cannot exceed 6". However, as is the case with most laws, there are always exceptions to the rules. For example, I can wield a machette on my property while doing yard work/brush removal and if I were a proffessional landscaper I could have it in my vehicle and carry it on the job site.

Which brings me to your question about you carrying various tools that you could use as a weapon if the need were to arise. As long as it is something that would be on the job site anyways, then they can't really say much about it, as it is completely legal for a lumberjack, for example, to be wielding a chainsaw while on the job site.

Answer 3

The language was framed to reference firearms. While corrupt judges and politicians would like for you to believe our constitution refers only to a reserve army and not the citizens, the truth of the matter is that our constitution affords us the right as citizens to own and carry firearms.

Now with reference to a pipebender, hammer, mace, all of this has to be looked at with reason. While it's not illegal to walk down the street with a sword strapped to your side, it's might be illegal to carry a switch-blade. If you're not into the Ren faire gig and you decide to walk around with a mace in your hand you'll get questioned for sure.

Finally, you're on the job, and you're carrying whatever it might be. First you're on private property that you have permission to be on, as a crew member, and it doesn't matter what tool or pipe you're carrying. If you are assaulted by a criminal element they will investigate the matter to see if you were justified in your actions. If they turn and run from you, you had best let them go. If they're armed and you whopp the bajeebiz out of them, you were defending yourself.

You got nothing to worry about basically.

Answer 4

The original intent of the Second Amendment would seem to include any type of firearm that a man in the infantry might carry. Federal law today places restrictions and high license fees on the ownership of automatic weapons lime M-16s. Those regulations are probably unconstitutional, but the courts choose to uphold them.

You really don't need to guess about the intentions though. Alexander Hamilton himself wrote many articles explaining the (then) proposed Constitution, and those articles are now known collectively as the Federalist Papers. I'll include a link to the appropriate article for you.

Answer 5

specific weapons laws are different state to state

much of the arms legislations in the states specifically treats "fire-arms"

much of the legislation covers "concealed" weapons", this site has a simple primer summary on those
http://www.uslegalforms.com/legaldefinitions/concealed-weapons/

when I sat on a public school board, we used a very generous definiton of the term "weapon" and we even had a policy against things that "looked" like weapons. Although the policy was not entirely clear on the subject, we enforced the definition of weapon to include anything that was brought to the school for the purpose oof use as a weapon (as well as anything normally considered a weapon , knife, gun, club, etc)

under this definition, if a baseball player had a bat in his locker, we would assume it was brought to school as a sport item, if someone had a bat and could give us no eplanation of why they would have that at school, then it was considered a weapon

anything that was used as a weapon, immediately became a weapon for the moment, for the purpose of enforcement of policy

the "right to bear question" is also interesting on the other side, meaning, how big a weapon, in states where it is legal to carry concealed weapons can I carry a bazooka or a missle launcher

all very interesting

Answer 6

That law has been tossed around si muchis allmost funny now. I know that one can have a pistol, in a holster and in plain view, but from then on it goes county by county.
See in some counties one can have a loaded pistol in a holster, in adjacent counties it may be instant jail.
In one county one may have a kitar, battle axe or flail, where in adjacent county only pointy sticks are allowed.
The right to bear arms, in a well regulated militia, has been and shall continue to be so contraversial that it is up to the Citizen to actually look up the laws that do apply to any subject. As the law reads, Ignorance of the law is no excuse.
That in itself would take 15 URLs, so an Ammendment to the Constitioun would take 7,450+ to relevantly display any opinion on or of how a law is percieved by the sitting body of the elect.
firtsgov,mygov,loc.org, for Federal, anysate.com.org.gov, anycounty. (@),anyparish@,anycity@,anytown,anyany,,,,,,,,,
The pipe bender can actully be called a Deadly Weapon, so can a rock or a pebble. Any object that could be used as a weapon, is a weapon. So carefull where and how you point that crayon. You could take a city block out with that thing.
As our Federal Goverment would like you to think, be afraid, be very very afraid.

Answer 7

honestly, it depends on your state laws. I live in florida and have a concealed weapons permit which entitles me to carry a handgun with me just about anywhere except schools, post office, police stations, courtrooms, airports, or any place that has a posted designaton that it is forbidden. it must remain concealed so as not to frighten or intimidate anyone. i cannot carry around a rifle, shotgun, a sword, an open knife, or walk around swing nun chuks. I can carry pepper spray up to 4 oz.

at work however, i cannot carry a weapon because it is private property and out company policies forbid it.

i think the safe rule of thumb is that you cannot carry anything and visibly intimidate others.

check with your state or local law enforcement to get the specific laws for your state.

i am state certified law enforcement, and have lots of other law enforcement friends, and we would all say the same thing. At this day in age, why would a good, law abiding citizen not arm themselves (legally) with a concealed weapon. All the bad guys are carrying, so why wouldn't i protect myself and at least be as armed as they are.

Answer 8

I think the right to bear arms was put in there so people could defend themselves from an oppressive government. America just committed treason by revolting against the king of England. They didn't want our government to turn into a monster and have the people unable to defend themselves. Also, people should be able to defend themselves and their property if threatened. Wikipedia has a good explanation. I just remember all this from history class.

Others say it's the right to have a military or be in the military.

Others say it's the right to carry a firearm / gun

Your local government would be able to tell you if you could carry a gun and the requirements. I don't think carrying your tools counts.

Answer 9

Right to bear arms means to own Guns. I have three and no one will ever take them from me unless I'm dead..
The bill of rights says I can bear arms and therefore I couldn't care less who tells me I am not permitted. It doesn't say you have the right to bear arms if you have a permit. If I am somewhere where I can't carry a gun then you better believe I have a knife. You never know if someone is going to attack you. Always be prepared. I could care less about the State law if my life is in danger. But that is just my opinion.

Answer 10

Check with your local police department, since, as I am sure you know, local ordinances vary widely. They are primarily written to control the carrying and use of firearms, big knives, concealable striking weapons like batons and "flat-slappers", and "Mace"-type products, not workmens' tools. Obviously, there is a big difference between "carrying" and "brandishing" a hammer, and a big difference between openly carrying an axe to fell a tree versus carrying a concealed hatchet into a public assembly.

Answer 11

Amendment II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

I believe since the bill of rights was written @ a time when firearms were around that it pertains mostly to firearms. I also believe this to be true because the NRA was founded to protect this fundamental right.