November 27, 2023

Bearing arms was heavily regulated in the old west

The popularized notion of the "Old West" conjures up images of gun-toting cowboys in frontier towns like Tombstone, Deadwood, Dodge City, and Abilene. However, what is often overlooked is that these cities shared a common feature: stringent gun control laws.

According to Adam Winkler, a professor specializing in American constitutional law at UCLA School of Law, Tombstone, famous for the O.K. Corral gunfight, had more restrictive laws on public gun carrying in the 1880s than it does today. Winkler notes that local governments, rather than Congress, swiftly implemented firearm ownership and carry regulations. These regulations were not only confined to guns but extended to all weapons, prohibiting their public presence except outside town borders and within homes. Visitors checking their weapons with law officers received tokens, similar to a coat check, for retrieval upon leaving town.

Although some citizens challenged these bans in court, the majority lost. Winkler, in his book "Gunfight: The Battle Over the Right to Bear Arms in America," highlights a 1840 Alabama court ruling that upheld the state's ban, asserting the state's right to regulate when and how citizens could carry firearms. This ruling affirmed that regulation was consistent with the Second Amendment.

While individuals were allowed to own guns for self-protection in the wilderness, entering town meant relinquishing firearms for visitors or keeping them at home for residents. The federal government of the 1800s largely stayed out of gun-law court battles.

Contrary to the romanticized image of the Wild West, frontier towns with gun legislation experienced less violence than those without restrictions. Historical records, though limited, show an average of 0.6 murders per town per year. Even the most violent years, such as 1873 in Ellsworth and 1876 in Dodge City, with five killings each, reflected high FBI homicide rates due to their small populations.

Historian Robert Dykstra emphasized that frontier towns largely prohibited the carrying of dangerous weapons, resulting in fewer killings. Winkler challenges the popular perception of the Wild West as a violent, lawless era, asserting that efforts to aggressively promote this identity were based on a false understanding of the past.

The ongoing gun debate in America often revolves around extreme positions, with one side championing minimal government interference and the other warning of a return to Wild West chaos without firearm regulation. However, this binary overlooks the nuanced historical development of gun laws as the country expanded westward.


Thanks for reading,

The Editor

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