[Malum Prohibitum]

Republicans propose constitutional amendment on Montana's right to bear arms – Daily Montanan

Republicans propose constitutional amendment on Montana's right to bear arms and striking a line in the document about concealed carry.

dailymontanan.com

Currently, Article II Section 12 of the state constitution protects the right to bear arms, but not under all circumstances:​

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“The right of any person to keep or bear arms in defense of his own home, person, and property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but nothing herein contained shall be held to permit the carrying of concealed weapons.”​

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House Bill 551 would strike out the last portion of the provision, the exception against concealed weapons.​

 

[Suburbbus]

I have never understood why places would not allow concealed carry, but allow open carry.

 

[Malum Prohibitum]

https://helenair.com/news/state-and-regional/govt-and-politics/malta-republican-brings-constitutional-carry-referendum/article_ec07c840-c382-11ed-9ea4-23e6ddc5eaac.html

“One of the things I discovered was that in 1875 of course there was a lot of prejudice in Missouri, the Jim Crow laws were happening throughout the South, and I believe this measure was part of the Jim Crow laws that were circulating in the South to try and keep newly freed Blacks disarmed and submissive,” Marbut told the committee.​

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To illustrate his point Marbut then read from an essay by historian J.W. Smurr titled “Jim Crow Out West,” which detailed racism occurring in Montana in the mid to late 1800s. The passage included depictions of violence against African Americans, and he read one section that included a racial slur.​

 

[Malum Prohibitum]

I have never understood why places would not allow concealed carry, but allow open carry.

It is a historical anachronism. Remember, guns were larger. Anybody concealing them was taking a great effort to do so. It was thought to be underhanded, sneaky, and aimed at no good, especially in a society where nobody freaked out at a neighbor with a rifle in his hand, e.g., late eighteenth century America.

Whereas a man with his rifle in hand, openly for everybody to see, obviously means no harm or may be avoided by others if they think he does.

Remember, Georgia was one of those states.

Look at the the early case of Nunn v. State. Nunn was carrying his pistol in the hand. The Supreme Court quashed the indictment as a violation of the Second Amendment, but observed that the law was valid insofar as it forbid the carrying of arms "secretly," as they referred to concealed.

Times have changed. Carrying a rifle into Walmart sparks a panic. So many conceal. That was not the preferred method of carry 232 years ago.