Tombstone's Gun Ban: A Constitutional Question?

On April 19, 1881, Virgil Earp banned the carrying of guns in Tombstone, Arizona, which led to the O.K. Corral gunfight. Tombstone's Ordinance No. 9 stated that it was unlawful for any person to carry deadly weapons, openly or concealed, within the city limits. This ordinance was unique in the Wild West, where lax gun laws were common. The constitutionality of this ordinance has been questioned, with some arguing that it violated the Second Amendment. However, at the time, Arizona was not a state, and the US Constitution's jurisdiction over territories may have differed from today's interpretation. The understanding of the Second Amendment in the 19th century may have been different, and the right to bear arms was likely interpreted differently than it is now.

Explore related products

Hour of the Gun ( 1967 ) ( The Law and Tombstone )

$26.98

Hour of the Gun (1967) ( The Law and Tombstone ) [ Blu-Ray, Reg.A/B/C Import - Spain ]

$38.98

Hour of the Gun (1967) ( The Law and Tombstone ) by Jason Robards

$17.61

Firearms Law and the Second Amendment: Regulation, Rights, and Policy [Connected Ebook] (Aspen Casebook)

$248 $359

Firearms Laws of Michigan; 2018-2019 Edition

$19.5

Illinois' Firearm Concealed Carry Law FAQ Handbook (eBook Esquire)

$12 $12

Tombstone's restrictive gun laws in the 1880s

Tombstone, Arizona, had restrictive gun laws in the 1880s, which were enacted to promote peace and stability and to encourage families to settle in the town. The laws required visitors to disarm upon entering the town by depositing their weapons at a hotel or a lawman's office. Carrying any kind of weapon, including guns and knives, was prohibited within the town borders, except inside one's home.

The laws were passed at a local level, with municipal governments exercising self-control and self-determination. Tombstone's laws were similar to those in other cattle towns, such as Dodge City, Abilene, and Deadwood. These towns wanted to cultivate a reputation for peace and stability to attract families and encourage economic growth beyond a one-industry boom town.

On April 19, 1881, Ordinance 9 was passed in Tombstone, declaring it unlawful for any person to carry deadly weapons, concealed or otherwise, within the city limits. The ordinance specified that weapons could be carried openly in sight and in the hand. It also allowed for exceptions for persons entering or leaving the city, who were given a reasonable amount of time to dispense with their weapons. Law enforcement officers were exempt from this decree while performing their duties.

Violation of the ordinance carried penalties, including a fine of $250, imprisonment for up to 30 days, or both. These restrictive gun laws in Tombstone were a notable aspect of the town's history and contributed to its reputation as a "tough" place, as reflected in its nickname, the "Town too Tough to Die."

The constitutionality of the ban

On April 19, 1881, Virgil Earp banned the carrying of guns in Tombstone, Arizona, which led to the O.K. Corral gunfight. Tombstone's gun law required visitors to disarm upon entering the town, either at a hotel or a lawman's office. However, this rule did not apply to residents, who could carry guns inside their homes.

The Tombstone ban on carrying guns is an interesting case study in the ongoing gun control debate in the United States. On the one hand, some argue that the Second Amendment protects the right of individuals to keep and bear arms, and that any regulation of firearms is a violation of this right. This view holds that the Tombstone ban was unconstitutional because it restricted the ability of people to carry guns in public.

On the other hand, those in support of gun control may argue that the Second Amendment does not guarantee an unlimited right to keep and bear arms, and that reasonable regulations, such as those enacted in Tombstone, are constitutional. They may point to the fact that the ban was enacted at a local level, reflecting the self-determination of the community to promote peace and stability. Additionally, they may highlight the distinction made in the ban between visitors and residents, suggesting that it did not completely infringe upon the right to bear arms.

Ultimately, the constitutionality of the Tombstone gun ban is a complex issue that involves legal, historical, and cultural considerations. While it may have been deemed constitutional at the time, the evolving nature of constitutional interpretation and the changing social context may lead to different conclusions today. The ongoing debate surrounding gun control in the United States continues to shape how we understand and interpret the Second Amendment.

Similar gun laws in other towns

In the 1880s, Tombstone had stricter laws on carrying guns in public than it does today. Back then, visitors were required to leave their weapons with a law officer, hotel, or a lawman's office upon entering the town. They would receive a token, which they could exchange for their guns when leaving. Many other towns in the US Old West had similar laws, including Dodge City, Abilene, and Deadwood. These towns had prominent signs announcing their gun laws, such as "Leave Your Revolvers At Police Headquarters, and Get a Check" in Wichita and "The Carrying of Firearms Strictly Prohibited" in Dodge City.

The first law passed when Dodge City formed a government in 1878 prohibited the carrying of guns within town limits. Leaders and merchants considered restrictive gun laws necessary for encouraging people to move to their towns and bring their families, as well as creating a stable community. This was a common sentiment in once-rowdy frontier towns across Nevada, Kansas, Montana, and South Dakota.

In his research on established cattle towns, historian Robert Dykstra found that from 1870 to 1885, there were 45 murders in Kansas' five largest cattle towns: Wichita, Abilene, Caldwell, Ellsworth, and Dodge City. The worst years were Ellsworth in 1873 and Dodge City in 1876, with five killings each. In comparison, Tombstone's most violent year was 1881, with only five people killed, three of whom were cowboys shot by Earp's men at the O.K. Corral.

While some challenged the gun laws in court, most lost. In his book on crime in the Old West, historian Roger McGrath concluded that widespread gun ownership deterred criminality in areas where law enforcement had little authority or ability to combat crime.

Explore related products

Loaded: A Disarming History of the Second Amendment (City Lights Open Media)

$11.98 $16.95

A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America

$21.99 $8.39

International Firearms: Control Legislation and Policy

$12.95

That Every Man Be Armed: The Evolution of a Constitutional Right, Revised and Updated Edition

$26.15 $29.95

Outgunned No More

$45 $45

That Every Man Be Armed: The Evolution of a Constitutional Right (Independent Studies in Political Economy)

$14.63 $19.95

The modern interpretation of the Second Amendment

The Second Amendment to the US Constitution, adopted in 1791, states:

> A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Modern interpretations of the Second Amendment have been influenced by a range of factors, including changes in the law, shifts in societal norms, and court rulings.

One notable shift is the change in the types of weapons available to civilians and those used by militaries. In the 18th century, civilians typically kept the same weapons at home that they would use if called to serve in a militia. Today, however, there is a significant difference between the weapons used by civilians and those used by the military. This has changed the context in which the Second Amendment is interpreted.

Another important legal development was the adoption of the Fourteenth Amendment, which originally applied only to the federal government, leaving states to regulate weapons as they saw fit. Over time, the interpretation and application of the Second Amendment have become more prominent, with modern debates focusing on whether it protects an individual's right to keep and bear arms, or if this right is only exercisable through militia organizations.

Court rulings have also played a significant role in shaping the modern interpretation of the Second Amendment. The Supreme Court, in District of Columbia v. Heller (2008), affirmed that the Second Amendment protects an individual's right to possess a firearm, even if it is unconnected to service in a militia. This ruling also recognized the right to use firearms for traditionally lawful purposes, such as self-defense within the home. The Court noted that while the Founding generation sought to protect citizens from being entirely disarmed, they also acknowledged the government's ability to adopt reasonable regulations regarding guns and gun owners.

In conclusion, the modern interpretation of the Second Amendment is influenced by historical context, changes in societal norms, and court rulings. While the Second Amendment guarantees the right to keep and bear arms, it is also recognized that reasonable gun control measures can be implemented without infringing upon this right.

The role of local governments in gun control

In the 19th century, local governments in the US played a significant role in gun control, especially in the Wild West towns. Tombstone, Arizona, is a well-known example of this. In 1881, Virgil Earp, the town's marshal, enforced a strict gun control law, prohibiting anyone from carrying deadly weapons within the town limits. This law led to the famous OK Corral gunfight, as cowboys refused to comply with the disarmament rule.

At the time, many towns in the New West, including Dodge City, Kansas, Abilene, and Deadwood, had similar restrictions on carrying guns in public. These laws were passed by municipal governments aiming to cultivate a reputation for peace and stability to attract families and investors. Tombstone's law specifically required visitors to disarm upon entering the town by leaving their weapons with a law officer or at a hotel.

While the Second Amendment of the US Constitution protects the right to bear arms, the understanding and interpretation of this right have evolved over time. The 19th-century US likely had a different understanding of the Second Amendment, allowing for more restrictive local gun control laws. Today, gun control remains a highly debated topic in the US, with some arguing for stricter federal regulations and others advocating for looser restrictions to protect individual freedoms.

In conclusion, local governments in the US, particularly in the 19th century, played a significant role in gun control. Towns like Tombstone implemented restrictive gun laws to maintain peace and order, shaping the understanding of the Second Amendment and influencing the ongoing debate around gun control in the country.

Frequently asked questions