“A gun is an ‘unusual weapon,’ wherewith to be armed and clad. No man amongst us carries it about with him, as one of his every day accoutrements–as a part of his dress–and never we trust will the day come when any deadly weapon will be worn or wielded in our peace loving and law-abiding State, as an appendage of manly equipment.
State v. Huntly, 25 N.C. 418, 418 (1843)
Actual passage from the decision:
The bill of rights in this State secures to every man indeed, the right to "bear arms for the defence of the State." While it secures to him a right of which he cannot be deprived, it holds forth the duty in execution of which that right is to be exercised. If he employ those arms, which he ought to wield for the safety and protection of his country, to the annoyance and terror and danger of its citizens, he deserves but the severer condemnation for the abuse of the high privilege, with which he has been invested.
"It has been remarked, that a double--barrelled gun or any other one, cannot in this country come under the description of "unusual weapons," for there is scarcely a man in the community who does not own and occasionally use guns of some sort. But we do not feel the force of this criticism. A gun is an "unusual weapon," wherewith to be armed and clad. No man amongst us carries it about with him, as one of his every day accoutrements-as a part of his dress-and never we trust will the day come when any deadly weapon will be worn or wielded in our peace loving and law-abiding State, as an appendage of manly equipment. But although a gun is an "unusual weapon," it is to be remembered that the carrying of a gun per se constitutes no offense. For any lawful purpose-either of business or amusement-the citizen is at perfect liberty to carry his gun. It is the wicked purpose-and the mischievous result-which essentially constitute the crime. He shall not carry about this or any other weapon of death to terrify and alarm, and in such manner as naturally will terrify and alarm, a peaceful people."
