State v. Buzzard

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State v. Buzzard
the Arkansas Supreme Court

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Appellee Buzzard was indicted for carrying a concealed weapon. The trial court dismissed that charge on the ground that the law violated his right to bear arms under the second amendment to the federal constitution. The State appealed the dismissal.

The dismissal was reversed by the Arkansas Supreme Court in State v. Buzzard, 4 Ark. 18 (1842). The court had three members when it decided the Buzzard case. Chief Justice Ringo and Justice Dickinson each wrote an opinion agreeing with the State that the concealed-weapon law did not violate the constitutional right to bear arms. Id. at 18, 29. The trial court's dismissal of Buzzard's charge was therefore reversed and the State was allowed to go forward with Buzzard's prosecution. Justice Lacy wrote an opinion in which he argued that the law was unconstitutional. Id. at 33.

2604672State v. Buzzard1842the Arkansas Supreme Court

Supreme Court of Arkansas

4 Ark. 18

The State v. Buzzard

Appeal from Chicot Circuit Court

Court Documents
Opinions in Seriatim
Separate Opinions Ringo Dickinson Lacy

That clause of the Revised Statutes which makes wearing concealed weapons a penal offence, is not contrary either to the constitution of the United States, or of this State.

THIS was an indictment under the statute against carrying concealed weapons, tried in the Chicot Circuit Court, in November, A. D. 1839, before the Hon. EUCLID L. JOHNSON, one of the Circuit Judges. The indictment was quashed on the motion of Buzzard, on the ground that the law was unconstitutional; and the State appealed.

Clendenin, Atto. Gen., for the State.

Pike, contra.

After advisement, the following opinions were delivered:

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