While I am of the opinion that any law -- including Olde English Common Lawe -- that infringes on our 2nd Amendment right to bear arms is perfidious, unconstitutional and wrong, I am not a fan of open carry in most cases. For one, even if legal, it /does/ tend to cause some soccer moms to swoon (this is especially bad in places like California) and it also allows bad guys to quickly ascertain who is (obviously) armed and who is not. Discrete carry is my preference, since discretion is the better part of valor, after all.

I noticed when first visiting New Mexico that the culture here is far less shocked or outraged by the sight of a visible gun, whether it is a rifle in a truck-cab rack or a pistol on a hip. Even when I was a police officer in California, people seeing my gun before they saw my badge seemed to react, some recoiling from my presence. They were only slightly mollified when they saw the badge. Out here, given the weather, plain-clothes cops are often wearing their guns openly. Jeans and a western-cut shirt with a tooled belt and holster are not uncommon attire for the police here.

Jamie
Albuquerque NM
Former LEO, California
Firearms Trainer, US Army, SFIPD

On 6/26/2011 13:00, [email protected] wrote:
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Today's Topics:

    1. Re: Olde English statute re riding armed "to the terror of
       the      people." (Henry E Schaffer)
    2. Re: Olde English statute re riding armed "to the terror of
       the      people." (Joseph E. Olson)


----------------------------------------------------------------------

Message: 1
Date: Sat, 25 Jun 2011 21:39:42 -0400
From: Henry E Schaffer<[email protected]>
To: [email protected]
Subject: Re: Olde English statute re riding armed "to the terror of
        the     people."
Message-ID:<[email protected]>
Content-Type: text/plain; charset=us-ascii

On Sat, Jun 25, 2011 at 03:26:09AM -0500, Joseph E. Olson wrote:
"Dangerous and Unusual Misdirection: A Look at the Common Law Tradition
of Prohibiting Going Armed with Dangerous and Unusual Weapons to the
Terror of the People, as Cited in District of Columbia versus Heller"

DANIEL RICHARD PAGE, affiliation not provided to SSRN
Email: [email protected]
   Hmm - at William&  Mary, he is listed as a student.

   The link to the paper at ssrn.com is
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1859395

   It's an interesting look into the history of the terms.

   Also, I've often wondered about "terror of the people" - as a "soccer
mom" can easily shriek with terror at the sight of open carry.  The
Attorney General of NC published

6. Going Armed To The Terror Of The People

By common law in North Carolina, it is unlawful for a person to arm
himself/herself with any unusual and dangerous weapon, for the purpose
of terrifying others, and go about on public highways in a manner to
cause terror to others. The N.C. Supreme Court states that any gun is an
unusual and dangerous weapon for purposes of this offense. Therefore,
persons are cautioned as to the areas they frequent with firearms.

http://www.grnc.org/firearms.htm

   While I can't find this at the NC DOJ site, there is something similar
in the State's Case Notes to Article I Sec 30. of the Constitution of
North Carolina:  Militia and the right to bear arms.

Common-Law Offense Not Abrogated. - The constitutional guaranty of the
right to bear arms does not abrogate the common-law offense of going
armed with unusual weapons to the terror of the people. State v. Dawson,
272 N.C. 535, 159 S.E.2d 1 (1968).
http://www.nctreasurer.com/2008Lawbook/nccarti/nccarti-30.htm
  ...
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