Saturday, July 31, 2021

mid-19th century Penn. carry case struck down as violating the Penn. Const.?

 I know that I have read it somewhere.  Young, n.25,  tells us in justifying that Pennsylvania's 1862 law prohibiting carry was apparently not in conflict with "The Pennsylvania Constitution of 1790: The right of citizens to bear arms in defence of themselves and the State shall not be questioned.” Pa. Const. of 1790, art. IX, § XXI."

If you know the case, let me know.

1 comment:

  1. Don't know the case, sorry. 1862 law? Which one is that? I haven't found any generally applicable statutes that early, only local ordinances and things relating to bridges and cemeteries. Earliest statewide law I've found was carrying with intent from 1875. I'd argue that technically PA didn't outlaw innocents concealed carry (excepting specific laws for specific municipalities and "intent") until the 1930s.