How the West Was Won — With Guns and Gun Control

Jane Jewell • October 24, 2023


Americans today argue loudly and vehemently over gun rights versus gun regulations. And many gun-rights advocates believe that they are fighting against the erosion of gun rights that have existed since America began. They frequently point to the so-called Wild West era as proof of those rights and a model for how things should be.

 

Most of these proofs, however, are fictions and myths, not history. Dime novels, Wild West shows, and stories around the campfire have created and perpetuated images of exciting adventures in the Wild West. Movies and television have brought the action, characters, and lonely western landscapes to life for millions.

 

These are tales of rare and exaggerated events. Most often, the incidents never happened. For example, there were few duels when two men faced each other on a dusty, wind-swept street as frightened townsfolk raced for shelter and the shooters’ pals leaned out of windows and doors to watch. Yet the legends, movies, and magazines make it seem as if such were everyday scenarios.

 

Shoot outs, saloon brawls, cattle rustling, Indian wars, train robberies, and posses in pursuit of fugitives — yes, all those happened, but with far less frequency than Hollywood would have you believe. There was violence and crime in the Old West, but when and where gun laws were enforced, there was significantly less violence. Such laws were sometimes ignored or applied selectively, but that is also true today.

 

Many Old West towns had stricter gun (and knife) regulations than do modern ones. Policies for "open-carry” and permit-less concealed-carry by anyone are now legal in cities that prohibited such in the 1800s. And one of the main arguments for this absence of regulations is the false assertion that that’s the way it used to be.

 

Those pushing for fewer or no gun regulations believe the Constitution and American history support their views.

 

Let’s look at that claim.

 

The United States of America was created in 1789 when its Constitution was adopted. One of the new government’s first acts was to consider a dozen constitutional amendments, and 10 became the Bill of Rights in 1791.

 

The Second Amendment has become controversial in large part because of the misreading and mythologizing of history, of the Wild West. It states that:

 

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.

 

When the Constitution was written, “militia” meant informal or official groups of residents organized into military units to protect their communities. Local militia units took the place of a standing army and were similar in organization and function to today’s National Guard.

 

A major problem now is that hard-core proponents of “no-gun-laws-at-all” refuse to account for the phrase, “a well-regulated militia.”

 

Supreme Court decisions in the 1800s stated that the right of citizens to bear arms did not prevent state and local government from imposing reasonable rules on where, when, and how firearms could be used (i.e., “well-regulated”).

 

What were typical gun laws in the Old West?

 

Openly carrying guns and knives in most populated areas was generally illegal.

 

In Tombstone, Arizona, for example, in the 1880s, no one — not residents or visitors — was allowed to carry a weapon. Visitors were required to turn their guns in at the local police station or another designated location, such as a hotel. Upon leaving, their weapon was returned. Abilene, Deadwood, and Dodge City had similar laws.

 

In 1878, when Dodge City, Kansas, was incorporated, the first city law banned the carrying of guns in town.

 

Even before the Wild West era, many Eastern and Southern states enacted strict gun control laws. In 1812, Louisiana and Kentucky outlawed concealed weapons. Soon after that, carrying concealed weapons became a frequent cause for arrest, along with drunkenness and disorderly conduct.

 

Granted, there was much lawlessness and violence in new or transient frontier towns with many single men. However, despite dime-novel legends and glamorized Hollywood movies, many towns had stricter gun laws than today, and those that enforced strong gun-control had less violence and crime than those without.

 

While there were only a few Supreme Court cases concerning the Second Amendment in the 1800s, its decisions almost always supported the right of federal, state, and local governments to regulate firearms. This was true for most of the gun-related court decisions during the 1900s as well.

 

It is only in recent decades that the Supreme Court has tended to rule against gun-control legislation. Even now, there are gun restrictions which recent Supreme Court decisions have declared valid or declined to review — thus leaving those gun restrictions on the books.

 

Under the Second Amendment, is it constitutional for a citizen to “bear arms” without being a member of “a well-regulated miitia”? The answer has yet to be found for this practical, commonsense question, but needs to be, quickly.

 

 

Sources and More Information:

Pierre M. Atlas, “American gun culture is based on frontier mythology – but ignores how common gun restrictions were in the Old West,” June 29, 2022, The Conversation. 

https://theconversation.com/american-gun-culture-is-based-on-frontier-mythology-but-ignores-how-common-gun-restrictions-were-in-the-old-west-184932

 

History.com editors, “All Amendments to the US Constitution,” July 17, 2023.

https://www.history.com/topics/united-states-constitution/amendments-us-constitution

 

Matt Jancer, “Gun Control Is as Old as the Old West,” February 5, 2018, Smithsonian Magazine.

https://www.smithsonianmag.com/history/gun-control-old-west-180968013/

 

Greg Price, “Second Amendment History: Biggest Supreme Court Cases to Affect Gun Control,” March 27, 2018, Newsweek. https://www.newsweek.com/scotus-second-amendment-cases-gun-control-861959

 

Marshall Trimble, “Did Most Old West Towns Have ‘No Carry. Gun Laws?” True West Magazine, Jan 5, 2018.

https://truewestmagazine.com/article/did-most-old-west-towns-have-no-carry-gun-laws/

 

Adam Winkler, Gunfight: The Battle Over the Right to Bear Arms in America, W. W. Norton & Company, 2011.

 

 

Jane Jewell is a writer, editor, photographer, and teacher. She has worked in news, publishing, and as the director of a national writer's group. She lives in Chestertown with her husband Peter Heck, a ginger cat named Riley, and a lot of books.

 

Common Sense for the Eastern Shore

Health of His Constituents is Apparently Not a Priority for Rep. Dr. Andy Harris

By Jan Plotczyk • October 8, 2025
The Republican Congress and President Trump are causing a health care crisis and Democrats are trying to fix it. Passed in July, the GOP budget reconciliation bill is drastically cutting health insurance programs to pay for tax cuts for billionaires. Rep. Andrew P. Harris (R-MD01) voted for the budget reconciliation bill. He voted, knowing that his vote would mean that health care costs would rise for 25,000 of his constituents in Maryland’s First Congressional District:

Judge Denies Trump Administration’s Attempt to Stall Maryland Offshore Wind Case Amid Federal Shutdown

By CSES Staff • October 8, 2025
 Efforts by the Trump administration to delay a critical court case over Maryland’s offshore wind project have failed, marking another setback in the president’s campaign to block renewable energy development along the East Coast. On Oct. 2, U.S. District Court Judge Stephanie Gallagher denied a motion filed by the Department of Justice to pause an ongoing lawsuit involving US Wind’s proposed 114-turbine wind farm off Ocean City. The administration had argued that the federal government’s shutdown prevents its attorneys from continuing the case. The judge’s swift rejection ensures that the litigation and progress on one of Maryland’s most significant clean energy projects will continue. Initially filed by Ocean City officials and a small group of residents nearly a year ago, the suit challenges the federal approval of US Wind’s project, which would deliver enough clean electricity to power more than 700,000 homes. Under the Biden administration, the federal government had defended the project in partnership with US Wind. That stance was reversed after Trump took office earlier this year and installed officials hostile to offshore wind. In September, the Trump administration filed a separate motion seeking to vacate federal approval for the Maryland project altogether, a move widely condemned by environmental advocates, labor groups, and business leaders who see offshore wind as a cornerstone of Maryland’s energy and economic future. US Wind responded forcefully to the shutdown motion, warning the court that the administration’s attempts to delay proceedings could allow it to undermine the project’s approval behind the scenes quietly. The company argued that halting the case would create “existential risks” for the future of Maryland’s offshore wind industry. Judge Gallagher agreed that the case should move forward, setting the next status hearing for Oct. 7. The Trump administration’s repeated efforts to obstruct offshore wind development come as Maryland and other states have invested heavily in building the infrastructure, workforce, and port facilities needed to anchor the growing clean energy industry. Maryland Gov. Wes Moore has championed the sector as a key driver for well-paying jobs and long-term economic resilience for the Eastern Shore. Supporters of US Wind point out that the project will bring over $1 billion in investment to Maryland, generate thousands of construction and maintenance jobs, and help deliver cleaner, more affordable energy to homes and businesses across the region. “Offshore wind isn’t just about turbines, it’s about jobs, innovation, and independence,” one clean energy advocate said after the ruling. “Every delay costs working Marylanders opportunity, and this decision ensures progress continues.” While the broader lawsuit over the project’s approval is ongoing, the latest ruling represents a clear win for those fighting to keep Maryland’s offshore wind future on track — and a blow to Trump’s attempt to turn back the clock on clean energy.

Should We Pin Our Hopes on Mid-Cycle Redistricting in MD-01?

By Jan Plotczyk • October 8, 2025
Maryland has eight congressional districts, and the seats for all but District 01 are filled by Democrats. As we well know, the First District representative is a Republican — Andrew P. Harris. Here’s what Maryland’s congressional district map is now.

Megan Outten Kicks Off Wicomico County Council District 7 Campaign with Packed Crowd and Strong Early Momentum

By CSES Staff • October 8, 2025
With standing room only at Salisbury’s Historic Poplar Hill Mansion, and blending policy, community service, and grassroots energy, Megan Outten launched her campaign for Wicomico County Council District 7 before almost 100 supporters on Oct. 4. The event drew community residents, labor leaders, and local officials, many of whom also helped to pack nearly 300 care kits for Wicomico residents in need. The community service effort doubled as a campaign statement about what Outten calls “choosing connection over convenience.” District 7 is one of Wicomico’s newly drawn single-member districts, with a Democratic advantage of 7.7%. Outten recalled her family’s history of service in Fruitland and Salisbury. “Service isn’t just politics in my family,” she said. “It’s how you belong to a place. It’s how you prove you care.” She pointed to the county’s landfill crisis, water and septic system failures, and school underfunding as examples of leadership that reacts rather than plans. “This is what happens when leaders only react after things break,” she said. “It costs us more. It hurts families. It robs our kids of the future they deserve.” Outten was joined by several local leaders who offered strong endorsements and reflections on her record. AFSCME Local 3 Eastern Shore representative Jack Hughes praised her leadership on the Salisbury City Council, crediting her with helping pass the Eastern Shore’s first municipal labor code, a significant win for city workers and first responders. Councilman Josh Hastings, who represents the district and is running for the Maryland House of Delegates in District 38B, said Outten would be “crucial in carrying forward the progress we’ve made” on clean water, schools, and infrastructure planning. Whitney Snowden-Olanrewaju from Blending Cultures, a non-profit organization that promotes diversity and equality, spoke about Outten’s record of community inclusion and bridge-building across diverse groups. Outten’s campaign is expected to roll out additional endorsements in the coming weeks. In her speech, she outlined a platform focused on fully funding schools, investing in infrastructure before it fails, and ensuring that county government works for everyone. “This campaign is not mine,” she told the crowd. “It’s ours. I am not standing above you. I am standing with you. And together, we will put Wicomico families first.” With enthusiasm, endorsements, and her message that’s focused on service and accountability, Outten’s kickoff reinforced that District 7 is already shaping up to have a strong favorite in 2026.

Community Rallies After Theft of Car Containing Hundreds of Care Kits for Wicomico Residents in Need

By CSES Staff • October 8, 2025
An act of inhumanity in Salisbury has sparked an outpouring of compassion. Early on Oct. 5, community organizer Jared Schablein’s car was stolen from his backyard. Inside the vehicle were hundreds of care kits assembled just days earlier during Megan Outten’s Wicomico County Council District 7 campaign kickoff event. Packed by volunteers at Salisbury’s Poplar Hill Mansion, the kits contained feminine hygiene products, socks, and toiletries meant for Wicomico County residents facing housing insecurity. “Those kits were meant for neighbors in need,” said Schablein. “If nothing else, I hope whoever took them returns them. Getting those care kits to the folks who need them matters more to me than anything else.” Schablein and Outten have turned the theft into action, launching a new effort called the “Care Kits Comeback Drive.” The event, scheduled for Oct. 12 at 2pm at Poplar Hill Mansion, aims to replace every lost kit, and more. Volunteers are asked to bring or donate items such as sanitary wipes, socks, toothpaste, period products, and underwear. Donations will support the Wicomico County Library, Help and Outreach Point of Entry, and other local service organizations. In announcing the new drive, Schablein emphasized the deeper meaning behind the effort: “When acts of inhumanity happen, the best response is acts of humanity. We’re showing that Salisbury’s compassion can’t be stolen.” Despite the setback, organizers say community support has been overwhelming. Donations began arriving within hours of the announcement, and several local groups have offered to distribute supplies once the new kits are complete. The theft is still under investigation by the Salisbury Police Department. As one volunteer put it at the last event, “Community isn’t guaranteed, it’s built.” This Sunday, Salisbury will build it again.

Momentum Builds to Save Connelly Mill Park: Community Leaders and State Officials Unite Around Vision for Wicomico’s “Central Park”

By CSES Staff • October 8, 2025
What began as a grassroots campaign to preserve a parcel of local land has become one of the most inspiring community movements on the Eastern Shore. Led by residents James and Mikele Dahlen and Holly Campbell, alongside dozens of volunteers, the Save Connelly Mill Park effort reached a significant milestone last week as Maryland Secretary of Natural Resources Josh Kurtz toured the site with local and state officials to explore opportunities for partnership and permanent protection. On Sept. 23, citizens gathered at Connelly Mill Park with a delegation of state and county leaders, including Sen. Mary Beth Carozza, Del. Barry Beauchamp, County Council President John Cannon, Vice President Jeff Merritt, Councilman James Winn, and local municipal representatives from Delmar and Salisbury. The tour marked the strongest signal to date that the state may play an active role in turning the park’s long-promised vision into reality. Advocates for Save Connelly Mill Park presented Kurtz with a booklet outlining the site’s environmental, historical, and economic importance. The presentation highlighted Connelly Mill’s potential to become a keystone of Wicomico’s park system — protecting the Paleochannel aquifer, preserving wildlife habitats, and providing much-needed green space for recreation and community gathering. Located just five miles from Salisbury, the 234-acre property has rolling forest, wetlands, and unique topography that advocates say could one day make it the “Central Park of Wicomico County.” “The natural beauty of Connelly Mill spoke for itself,” said one organizer after the event. “What we have here is not just land, it’s a promise to future generations.” Adding to the momentum, the community’s advocacy materials were presented directly to Maryland Gov. Wes Moore the next day at the Tawes Crab and Clam Bake in Crisfield, where he was briefed on the citizens’ efforts and growing local support. The proposed park would provide walking trails, open space for families, and educational opportunities while safeguarding vital water resources and promoting mental, physical, and social well-being for county residents. For many, the movement to save Connelly Mill has come to represent more than just one park. It’s about accountability, long-term planning, and ensuring public commitments to community spaces are kept. “We’re not out of the woods yet,” the group shared in a recent update. “But the spotlight is on Connelly Mill, and the momentum is growing.” As the state evaluates whether to designate Connelly Mill as a Partnership Park, supporters say they will continue to meet with officials and rally community engagement to ensure this once-forgotten project finally fulfills its promise. If realized, Connelly Mill would not only protect vital natural resources — it would stand as testament to what determined citizens can build when they refuse to give up.
Show More