Maxim 2.5.3
Under the name of arms are included, not only shields and swords and helmets, but also clubs and stones.
Source: Co. Litt. 162; Weisman, 9b
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) The term "arms" is broadly defined to include any weapon, not merely firearms or bladed weapons — cite this to argue that the right to bear arms extends to all instruments of defense.
Where this applies
- A state bans stun guns as not being 'arms' protected by the Second Amendment, and the court holds that 'arms' includes any weapon capable of being used for defense, not just firearms.
- A municipality restricts the carrying of knives longer than three inches, and the defendant argues that knives are 'arms' under the common-law definition that includes swords, clubs, and all defensive weapons.
- A city ordinance bans slingshots and pepper spray, and a challenger argues that the broad historical definition of 'arms' encompasses all instruments of personal defense, not merely guns.
Legal domains
Cite this maxim
NeCede Max. 2.5.3 — Under the name of arms are included, not only shields and swords and helmets, but also clubs and stones. — Co. Litt. 162; Weisman, 9b
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