Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 458
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458 THE STATE V. DUKE. LTerl of
Opinion of the Court.
(Livingston's Lessee v. Moore, 7 Pet., 551; Fox v. Ohio, 5
Howard, 434; Smith v. Maryland, 18 Howard, 71; Prussor v.
Commonwealth, 5 Wallace, 475; Slaughter-house Cases, 16
Wallace, 77-82; Bartemeyer v. Iowa, 18 Wallace, 140; and see
Andrews v. The State, 3 Heiskell, 166.)
Following this construction by that tribunal, whose decision
on the question would be authoritative, we pass to the consideration
of the 13th Section of the Bill of Rights in the Constitution
of the State; which is as follows: "Every person shall
"have the right to keep and bear arms in the lawful defense
"of himself or the State, under such regulations as the Legisla"ture
may prescribe." The question presented by the case
before us is, does that part of the Act making it an offense to
carry a pistol, except in the cases therein specified, violate this
section of the Bill of Rights In English v. The State (35
Texas, 47S), this court held that it did not. We acquiesce in
the decision, but do not adopt the opinion expressed that the
word "arms," in the Bill of Rights, refers only to the arms of
a militiaman or soldier. Similar clauses in the Constitutions
of other States have generally been construed by the courts as
using the word arms in a more comprehensive sense. (Bliss
v. Cane, 2 Littell, 70; The State v. Reid, 1 Ala., 612: The
State v. Mitchell, 3 Blachf., 229; Nunn v. The State, 1 Kelly,
243; The State v. Buzzard, 4 Ark. And see Cockrum v. The
State, 24 Texas, 394.)
There is no recital of the necessity of a well-regulated militia,
as there is in the corresponding clause in the Constitution of
the United States. The arms which every person is secured
the right; to keep and bear (in the defense of himself or the
State, subject to legislative regulation), must be such arms as
are commonly kept, according to the customs of the people,
and are appropriate for open and manly use in self-defense, as
well as such as are proper for the defense of the State. If this
does not include the double-barreled shot-gun, the huntsman's
rifle, and such pistols at least as are not adapted to being carried
concealed, then the only arms which the great mass of the
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/466/: accessed December 18, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .