Author Topic: Question on second Amendment in old west  (Read 766 times)

0 Members and 1 Guest are viewing this topic.

Offline KIMBER45

  • Trade Count: (0)
  • Senior Member
  • *****
  • Posts: 1648
Question on second Amendment in old west
« on: April 14, 2013, 12:23:04 AM »
We have all seen westerns where guns weren't allowed in some towns. Was this a violation of second amendment? The only reason I can see it happening was because these towns weren't part of the United States at that time, just territories. Anyone know the real reason?
"In the final analysis, it is between you and God.  It was never between you and them anyway."__Mother Theresa
-----------------
Not everyone will understand your journey. That"s fine. It's not their journey to make sense of. It's yours.
--------------------------------
Hawkeye: My father warned me about you...
Chingachgook, he warned me about people like you. He said "Do not try to understand them".
 "do not try to make them understand you. That is because they are a breed apart and make no sense".
-------

-------

Offline Mikey

  • GBO Supporter
  • Moderators
  • Trade Count: (2)
  • Senior Member
  • *****
  • Posts: 8734
Re: Question on second Amendment in old west
« Reply #1 on: April 14, 2013, 01:32:04 AM »
Yep!  Hollywood wrote the scripts....

Offline guzzijohn

  • Trade Count: (0)
  • Senior Member
  • *****
  • Posts: 3037
Re: Question on second Amendment in old west
« Reply #2 on: April 14, 2013, 01:50:47 AM »
A number of cowtowns had at least periods of time when concealed weapons and at times open carry was banned. Wichita, Abilene,  Dodge City, Tombstone, Newton were examples. Wyatt Earp and Wild Bill enforced bans at times in their careers.
GuzziJohn

Offline KIMBER45

  • Trade Count: (0)
  • Senior Member
  • *****
  • Posts: 1648
Re: Question on second Amendment in old west
« Reply #3 on: April 14, 2013, 02:44:44 PM »
A number of cowtowns had at least periods of time when concealed weapons and at times open carry was banned. Wichita, Abilene,  Dodge City, Tombstone, Newton were examples. Wyatt Earp and Wild Bill enforced bans at times in their careers.
GuzziJohn
Yes, but why was this not considered unconstitutional ?
"In the final analysis, it is between you and God.  It was never between you and them anyway."__Mother Theresa
-----------------
Not everyone will understand your journey. That"s fine. It's not their journey to make sense of. It's yours.
--------------------------------
Hawkeye: My father warned me about you...
Chingachgook, he warned me about people like you. He said "Do not try to understand them".
 "do not try to make them understand you. That is because they are a breed apart and make no sense".
-------

-------

Offline mcwoodduck

  • Trade Count: (11)
  • Senior Member
  • *****
  • Posts: 7983
  • Gender: Male
Re: Question on second Amendment in old west
« Reply #4 on: April 14, 2013, 03:25:16 PM »
The difference was for other than locals. 
You were allowed to own firearms you were just not allowed to walk down the street with them.
Not sure there was a constitutional question and at the time you were not going to bring  suit on a town as a visiting cowboy, you were usually young and did not have $ to hire a lawyer, and and then the suit would have to go from local to district to federal system.
Even the people living in the territory of the US have rights under the constitution.

Offline KIMBER45

  • Trade Count: (0)
  • Senior Member
  • *****
  • Posts: 1648
Re: Question on second Amendment in old west
« Reply #5 on: April 15, 2013, 04:07:50 AM »
The difference was for other than locals. 
You were allowed to own firearms you were just not allowed to walk down the street with them.
Not sure there was a constitutional question and at the time you were not going to bring  suit on a town as a visiting cowboy, you were usually young and did not have $ to hire a lawyer, and and then the suit would have to go from local to district to federal system.
Even the people living in the territory of the US have rights under the constitution.
That makes sense.
"In the final analysis, it is between you and God.  It was never between you and them anyway."__Mother Theresa
-----------------
Not everyone will understand your journey. That"s fine. It's not their journey to make sense of. It's yours.
--------------------------------
Hawkeye: My father warned me about you...
Chingachgook, he warned me about people like you. He said "Do not try to understand them".
 "do not try to make them understand you. That is because they are a breed apart and make no sense".
-------

-------

Offline gstewart44

  • Trade Count: (20)
  • Senior Member
  • *****
  • Posts: 1645
  • Gender: Male
Re: Question on second Amendment in old west
« Reply #6 on: April 15, 2013, 05:57:29 AM »
Cowtowns in particular were "party spots" for the cowpokes that came in after weeks riding herd.    After collecting wages, the first trip was usually to the local saloon where they soon parted ways with their wages over whatever whiskey and beer was available.   As our laws show today alcohol and firearms don't mix.     The lawmen of the west were wise not to have a situation with a bunch of armed, drunk cowboys "partying".       they had to check their guns upon arrival and get them back when they left.  Was it consitutional by today's standards?    I dunno, but back then it was far less expensive to just comply and stay out of trouble.     A medium to large size belt knife was common back then as well but you could keep that on you in most cases.   
I'm just tryin' to keep everything in balance, Woodrow. You do more work than you got to, so it's my obligation to do less. (Gus McCrae)

Offline SharonAnne

  • Trade Count: (0)
  • Senior Member
  • *****
  • Posts: 1994
  • Gender: Female
Re: Question on second Amendment in old west
« Reply #7 on: April 24, 2013, 02:34:57 PM »
any law prohibiting the carrying of a firearm is UnConstitutional.  "the right to KEEP (own) and BEAR (carry on ones person) shall not be infringed.  Pretty clear.
SharonAnne
Luke 22:36-38

Honor the American Soldier and Sailor, the source of Our Freedom

Really, it only hurts when I breath - SharonAnne

An armed society is a polite society - Robert Heinlein

THE TREE OF LIBERTY MUST BE REFRESHED FROM TIME TO TIME WITH THE BLOOD OF PATRIOTS AND TYRANTS - Thomas Jefferson

Offline SharonAnne

  • Trade Count: (0)
  • Senior Member
  • *****
  • Posts: 1994
  • Gender: Female
Re: Question on second Amendment in old west
« Reply #8 on: April 27, 2013, 06:53:07 AM »
btw. " ARMS" are not limited to 'fire'arms.
SharonAnne
Luke 22:36-38

Honor the American Soldier and Sailor, the source of Our Freedom

Really, it only hurts when I breath - SharonAnne

An armed society is a polite society - Robert Heinlein

THE TREE OF LIBERTY MUST BE REFRESHED FROM TIME TO TIME WITH THE BLOOD OF PATRIOTS AND TYRANTS - Thomas Jefferson