Law of Heraldic Arms - The Right To Bear Arms

The Right To Bear Arms

According to the usual description of the law of arms, coats of arms, armorial badges, flags and standards and other similar emblems of honour may only be borne by virtue of ancestral right, or of a grant made to the user under due authority. Ancestral right means descent in the male line from an ancestor who lawfully bore arms. Due authority has, since late medieval times, been the Crown or the State.

In the United Kingdom and Commonwealth the Crown's prerogative of granting arms is delegated to one of several authorities depending on the country. In England, Wales, Northern Ireland authority to grant arms is delegated to the Kings of Arms of the College of Arms, under the direction of the Earl Marshal. In Scotland this authority is delegated to Lord Lyon King of Arms at his or her own discretion. In Canada it is exercised by Canadian Heraldic Authority under the direction of the Governor-General of Canada.

In the Republic of Ireland arms are granted by the Chief Herald of Ireland. However, the legislative position of the Office of the Chief Herald of Ireland is unclear and therefore, on May 8, 2006 Senator Brendan Ryan introduced the Genealogy & Heraldry Bill, 2006, in Seanad Éireann (Irish Senate) to remedy this situation. In Spain, whilst the power to grant new arms is restricted to the king, the Cronistas de Armas (Chroniclers of Arms) have the power to certify arms within the province(s) of their appointment. As of 2008, there is currently only one, with authority only in the provinces of Castile and León.