But what does the 2nd Amendment mean? Many states in the early 1800s had laws making concealed carry illegal.
In the antebellum period, several states had laws banning the carrying of concealed weapons. 7 5 Ohio's language is fairly typical: "[W]hoever shall carry a weapon or weapons, concealed on or about his person, such as a pistol, bowie knife, dirk, or any other dangerous weapon, shall be deemed guilty.' '1
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Indeed, Virginia's legislature was so concerned with concealed weapons that the application of the state's ban on the weapons was rather broad. In Virginia, it was against the law for a person to "habitually or generally keep or carry about his person any pistol, dirk, bowie knife, or any other weapon of the like kind.., hidden or concealed from common observation."'8 ° Under the Virginia law, if a person was tried for "murder or felony" and used a concealed weapon to commit the murder or felony, he could still be charged under the concealed weapon law, even if the jury acquitted him of the murder or felony because of self-defense. 8' A second wave of more restrictive regulations went even further, prohibiting the sale of concealed weapons. An 1837 Georgia law criminalized the sale of concealed weapons, effectively moving toward the complete prohibition of this class of weapon."' A similar statute was enacted by Tennessee in 1838.183 The Supreme Court of Tennessee upheld the law, declaring that "the Legislature intended to abolish these most dangerous weapons entirely from use.""
For some reason when we look at what the founders meant when they wrote the 2nd amendment we immediately ignore all the laws that were passed. Scalia said we could look at the laws of the first 100 years, why aren't these laws considered? Did the court yesterday in any way mention them?
We have taken the amendment far afield of what the states thought it meant in 1800. Boston had a law at that time making storing a loaded weapon in your home illegal. Any chance that law gets approved today?