State v. Shelby
Supreme Court of Missouri
Appeal from, Daviess Circuit Court. — Hon. Chas. JEL S. Goodman, Judge. The statute upon which this indictment is based Is not in conflict with, or repugnant to, the second article of the amendments to the federal constitution, or the seventeenth section of article 2, of the constitution of this state.
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Appeal from, Daviess Circuit Court. — Hon. Chas. JEL S. Goodman, Judge. The statute upon which this indictment is based Is not in conflict with, or repugnant to, the second article of the amendments to the federal constitution, or the seventeenth section of article 2, of the constitution of this state. The law prohibiting the wearing of concealed weapons, or while in a state of intoxication, is a police regulation for the protection of society, and not an infringement of the constitutional right to bear arms. The second article of the amendments of the federal constitution, which declares,…
1Opinion of the Court
Black, J. —
The defendant was indicted in one count for carrying about his person a deadly weapon, when under the influence of intoxicating drink, and in the other for carrying concealed a deadly weapon. The weapon in each count is described as a revolving pistol; and the indictment' is based upon section 1274, Revised Statutes, 1879, as amended by the act of March 5, 1883 (Acts of 1883, p. 76).
The first question arises upon the action of the court in overruling a motion to quash, on the ground that the act is in conflict with the second article of the amendments to the constitution of the…
2Cases cited2 opinions
- United States v. CruikshankSupreme Court of the United States · 1876
- Fife v. StateSupreme Court of Arkansas · 1876
3Cited by14 opinions
- New York State Rifle & Pistol Assn., Inc. v. BruenSupreme Court of the United States · 2022
- United States v. YanceyCourt of Appeals for the Seventh Circuit · 2010
- Moore v. GallupAppellate Division of the Supreme Court of the State of New York · 1943
- State v. . KernerSupreme Court of North Carolina · 1921
- State v. WhiteSupreme Court of Missouri · 1923
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