The provision of the federal constitution 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" (Amend. II), and like provisions in state constitutions are evidently intended to guarantee the right of the people to form military organizations under lawful authority for a proper purpose. The federal guaranty would prevent any attempt on the part of Congress to render illegal the organization and discipline of a state militia, but such interference would be unconstitutional without this guaranty, for (see above, § no) the right of the state to maintain an organized militia is elsewhere recognized. As an exercise of a civil right, the formation of military companies or bodies must depend for its lawfulness upon the state constitution and laws, and must be exercised in accordance with the law. Therefore, the state may prohibit the gathering of armed men for an unlawful purpose or in a manner likely to result in violation of law or in disorder and riot.

The state may also prohibit-the carrying of arms by private individuals as an act imperilling the public peace and safety.

In many states there are statutes making it a crime to carry concealed weapons, and such statutes are not regarded as unconstitutional.