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Act of April 6, 1936, No. 82, § 8, Ala. Laws 51, 51 (committing crime when armed).

“Be It Enacted by the Legislature of Alabama:

        Section 1. DEFINITIONS: “Pistol” as used in this Act, means any firearm with barrel less than twelve inches in length. “Crime of Violence” as used in this Act, means any of the following crimes or an attempt to commit any of the same, namely, murder, man­ slaughter, rape, mayhem, assault with intent to rob, assault with intent to ravish, assault with intent to murder, robbery, burglary, kidnapping, and larceny. “Person” as used in this Act, includes firm, partnership, association or corporation.
        Section 2. COMMITTING CRIME WHEN ARMED: If any person shall commit or attempt to commit a crime of violence when armed with a pistol, he may in addition to the punishment provided for the crime, be punished also as provided by this Act.
        Section 3. BEING ARMED PRIMA FACIE EVIDENCE OF INTENT: In the trial of a person for committing or at­ tempting to commit a crime of violence, the fact that he was armed with a pistol and had no license to carry the same shall be prima facie evidence of his intention to commit said crime of violence.
        Section 4. CERTAIN PERSONS FORBIDDEN TO POS­SESS ARMS: No person who has been convicted in this State or elsewhere of a crime of violence, shall own a pistol or have one in his possession or under his control.”

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General Laws (and Joint Resolutions) Of the Legislature of Alabama Passed at the Extra Session of 1936 Held at the Capitol, in the City of Montgomery: Commencing Tuesday, February 11, 1936 (Birmingham, AL: Birmingham Printing Company, 1936), 51. No. 82—An Act to Regulate the Sale, Transfer and Possession of Certain Types of Firearms; to Provide for the Licensing of Dealers and Owners of Such Firearms; to Fix Rules of Evidence in the Courts of This State in Prosecutions for Violations of This Act; to Prescribe Penalties for the Violations of Any Provision Herein and to Make Uniform the Law With Reference Thereto, §§ 1-4. Approved April 6, 1936.




Act of April 6, 1936, No. 82, § 8, Ala. Laws 51, 52 (delivery to minors and others forbidden).

“Section 8. DELIVERY TO MINORS AND OTHERS FORBIDDEN. No person shall deliver a pistol to any person under the age of eighteen or to one who he has reasonable cause to believe has been convicted of a crime of violence, or is a drug addict, and habitual drunkard, or of unsound mind.”

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General Laws (and Joint Resolutions) Of the Legislature of Alabama Passed at the Extra Session of 1936 Held at the Capitol, in the City of Montgomery: Commencing Tuesday, February 11, 1936 (Birmingham, AL: Birmingham Printing Company, 1936), 52. No. 82—An Act to Regulate the Sale, Transfer and Possession of Certain Types of Firearms; to Provide for the Licensing of Dealers and Owners of Such Firearms; to Fix Rules of Evidence in the Courts of This State in Prosecutions for Violations of This Act; to Prescribe Penalties for the Violations of Any Provision Herein and to Make Uniform the Law With Reference Thereto, § 8. Approved April 6, 1936.




An Act to Prohibit the Taking up or Bearing Arms by Any Person, Persons or Body of Men in a Military Capacity, Unless Authorized by Law, Act No. 94, §§ 1-2 in Acts of the General Assembly of Alabama (1889).

        “Sec. 1. Be it enacted by the General Assembly of Alabama, That it shall not be lawful for any person, persons or body of men, whether uniformed or not uniformed, to be associated, assembled or congregated together by or under any name whatsoever, in a military capacity for the purpose of drilling, parading or marching, at any time or place in State of Alabama, or otherwise taking up or bearing arms in any such capacity, unless authorized by law and granted by the governor. Provided, That the provisions of this act shall not apply to any school or college where military tactics are taught, to the Order of Knights Templar, Order of Knights of Pythias, or Patriarchs Militant.
        Sec. 2. Be it further enacted, That any person violating the provisions of this act is guilty of a misdemeanor, and upon conviction thereof shall be fined not more than one thousand dollars.”

1889, AL, Act No. 94, §§ 1-2, An Act to Prohibit the Taking up or Bearing Arms in a Military Capacity


Acts of the General Assembly of Alabama Passed at the Session of 1888-9, Held in the City of Montgomery, Commencing Tuesday, November 13th, 1888. With a Separate Index to the General and Local Laws (Montgomery, AL: The Brown Printing Co., 1889), 82. Act No. 94, H. B. 423, §§ 1-2, An Act to Prohibit the Taking up or Bearing Arms by Any Person, Persons or Body of Men in a Military Capacity, Unless Authorized by Law. Approved February 28, 1889.




Using fire-arms while fighting in a public place, § 330, Chapter 3—Offenses Against the Person, A Revised Code of Ordinances of the City of Tuscaloosa (1885).

“Sec. 330. Using fire arms while fighting in a public place. Any person who, while fighting in the streets or other public place in the city, uses or attempts to use, except in self-defense, any kind of fire arms, must, on conviction, be fined not exceeding twenty-five dollars, and may be imprisoned, or put to hard labor for the city, not exceeding thirty days.”

1885, AL, Using fire arms while fighting in a public place, § 330, Chapter 3—Offenses Against the Person


A Revised Code of Ordinances of the City of Tuscaloosa to Which Are Prefixed the Act of Congress, the Charter of the City, Amendments of the Charter, Articles of the State Constitution, etc. (Tuscaloosa, AL: M.I. Burton, 1885), 149-150. Chapter 3—Offenses Against the Person, § 330, Using fire arms while fighting in a public place. Undated.




Offenses Against Public Safety, Chapter 6, §§ 375-376, § 380, § 387, & § 420, A Revised Code of Ordinances of the City of Tuscaloosa (1885).

“Sec. 375 . Discharging fire-arms.—Any person who shall discharge a gun, pistol, or other fire-arm within the corporate limits of this city, unless in self-defense, or in the execution of the law, or at a military parade by order of the proper officer, without the express permission of the Mayor, must, on conviction, be fined not exceeding twenty-five dollars.

Sec. 376. Shooting gravel-shooter, or sling-shot.—Any person who shall shoot gravel or other substance out of or with a gravel-shooter, sling-shot, or implement of like kind, within the corporate limits of this city, shall be fined on conviction, not exceeding five dollars.”

“Sec. 380. Carrying concealed weapons.—Any person who, not being threatened with, or having good reason to apprehend an attack, carries concealed about his person a bowie-knife, or any other knife of like kind or description, or a dirk, or a pistol, or fire-arms of like kind or description, must, on conviction, be fined not exceeding fifty dollars, and may be imprisoned or put to hard labor for the city for not exceeding sixty days.”

“Sec. 387. Unlawful to keep explosives.—It shall not be lawful for any one to keep, except at the powder magazine, more than twenty-five pounds of gun-powder or other explosive, at any one time; and such explosive must be kept only in tin canisters, well secured from fire, and shall not be sold by artificial light. Any one violating the provisions of this ordinance, shall be fined not exceeding twenty-five dollars.”

“Sec. 420. Carrying concealed brass knuckles and slung-shot.—Any person who carries concealed about his person brass knuckles, slung-shot, or other weapon of like kind or description, or who carries a rifle or shot gun walking cane, shall, upon conviction thereof, be fined not exceeding one hundred dollars, and may be imprisoned, or put to hard labor for the city for not exceeding sixty days.”

1885, AL, Offenses Against Public Safety, Chapter 6


A Revised Code of Ordinances of the City of Tuscaloosa to Which Are Prefixed the Act of Congress, the Charter of the City, Amendments of the Charter, Articles of the State Constitution, etc. (Tuscaloosa, AL: M.I. Burton, 1885), 160-170. Chapter 6—Offenses Against Public Safety, §§ 375-376, § 380, § 387, & § 420. Undated.




The Code of City of Birmingham, Alabama 662 (1917)

Sec. 1544. Conduct in Parks. No person shall enter or leave any of the public parks of the City of Birmingham except by the gateways; no person shall climb or walk upon the walls or fences thereof; no person shall turn or lead any cattle, horses, goat, swine or other animals into any of such parks ; no person shall carry fire arms or throw stones or other missiles within any of such public parks ; no person shall expose any article or thing for sale within any of such parks, nor shall any hawking òr peddling be allowed therein ; no threatening, abusive, insulting or indecent language shall be allowed in any part of any of such parks calculated to provoke a breach of the peace, nor shall any person tell fortunes or play at any game of chance at or with any table or instrument of gaming nor commit any obscene or indecent act therein; no person shall post or otherwise affix any bills, no tice or other paper upon any structure or thing within any such park nor upon any gate or enclosure thereof; no person shall play upon any musical instrument, nor shall any person take into, carry or display in any such public park any flag, banner, target or transparency; no military company shall parade, drill or perform therein any military or other movements; no person shall light, make or use any fire in any such public park; no person shall go upon the grass, lawn or turf of the parks, except when and where the word “ common ” is posted, indicating that persons are at that time and place at liberty to go on the grass.

Full Text: Google Books 




1907 Ala. Laws 80

§ 1. That any person who sells, or barters, any pistol of less than twenty-four inches in length of barrel or any brass knucks, metalic knucks, dirks, slungshot, bowie knives or knife of like kind, must on conviction be fined not less than one hundred ($100.00) nor more than one thousand $1000.00 dollars, and may also be sentenced to hard labor for not less than one nor more than three months.

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1909 Ala. Laws 258, no. 215, §§ 1, 2, 4

Sec. 1. Be it enacted by the Legislature of Alabama, That it shall be unlawful for any person to carry a pistol concealed about his person.

Sec. 2. It shall be unlawful for any person to carry a pistol about his person on premises not his own or under his control, provided this section shall not apply to any sheriff or his deputy or police officer of an incorporated town or city in the lawful discharge of the duties of his office or United States Marshal or their deputies, rural free delivery mail carries in the discharge of their duties as such or bonded constable in the discharge of their duties as such.

. . .

Sec. 4. The defendant may give evidence that at the time of carrying the pistol he had good reason to apprehend an attack which the jury may consider in mitigation of the fine or justification of the offense.

. . .




1899 Ala. Acts 154, An Act For The Better Protection Of Passengers On Railway Trains In This State, § 1.

That it shall be unlawful for any person to discharge any gun, pistol, or other firearm, except in self defense, while on a passenger train in this State; or to recklessly handle any firearm or other weapon in the presence of any other person or persons on any train carrying passengers in this State.




1898 Ala. Acts 190, An Act To Amend The Revenue Laws Of The State Of Alabama, pt. 66-67.

66th. For dealers in pistol, bowie or dirk knives, whether principal stock in trade or not, one hundred dollars. 67th. For wholesale dealers in pistol or rifle cartridges in towns or cities of twenty thousand or more inhabitants, ten dollars. In all other places, five dollars: Provided, That the wholesale dealers license shall entitle them to sell at retail.




William Logan Martin, The Code of Alabama, Adopted by Act of the General Assembly of the State of Alabama, Approved February 16, 1897, Entitled “An Act to Adopt a Code of Laws for the State of Alabama,” With such Statutes Passed at the Session of 1896-97, as are Required to be Incorporated Therein by Act Approved February 17, 1897; and with Citations to the Decisions of the Supreme Court of the State Construing or Mentioning the Statutes Page 171, Image 181 (1897) available at The Making of Modern Law: Primary Sources.

Assaults, Presenting Firearms at Another, § 4342. Any person who presents at another person any gun, pistol, or other firearm, whether loaded or unloaded, must on conviction, be fined not less than ten nor more than one hundred dollars.




William Logan Martin, Commissioner, The Code of Alabama, Adopted by Act of the General Assembly of the State of Alabama, Approved February 16, 1897, Entitled “An Act to Adopt a Code of Laws for the State Alabama ” with Such Statutes Passed at the Session of 1896-97, as are Required to be Incorporated Therein by Act Approved February 17, 1897; and with Citations to the Decisions of the Supreme Court of the State Construing or Mentioning the Statutes Page 1137, Image 1154 (Vol. 1, 1897) available at The Making of Modern Law: Primary Sources.

[License Taxes; From Whom and For What Business Required; Prices; County Levy,] Taxation, § 27. For dealers in pistols, or pistol cartridges, or bowie-knives, or dirk-knives, whether principal stock in trade or not, three hundred dollars. Any cartridges, whether called rifle or pistol cartridges, or by any other name, that can be used in a pistol, shall be deemed pistol cartridges within the meaning of this subdivision. Any person or firm who orders for another, or delivers any cartridges within this state, shall be deemed a dealer under this provision.




Robert C. Brickell, Commissioner, The Code of Alabama, Adopted by Act of the General Assembly Approved February 28, 1887; with Such Statutes Passed at the Session of 1886-87, as are Required to Be Incorporated Therein by Act Approved February 21, 1887; and with Citations of the Decisions of the Supreme Court of the State Construing the Statutes Page 93, Image 103 (Vol, 2, 1887) available at The Making of Modern Law: Primary Sources.

Article VII, Using Fire-arms in public places and selling weapons to minors, § 4094. Using fire-arms while fighting in public place. — Any person, who, while fighting in the streets of any city or town, or at a militia muster, or at any public place, whether public in itself, or made public at the time by an assemblage of persons, uses, or attempts to use, except in self-defense, any kind of fire-arms, must, on conviction, be fined not less than two hundred, nor more than five hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than six months.




Robert C. Brickell, Commissioner, The Code of Alabama, Adopted by Act of the General Assembly Approved February 28, 1887; with Such Statutes Passed at the Session of 1886-87, as are Required to Be Incorporated Therein by Act Approved February 21, 1887; and with Citations of the Decisions of the Supreme Court of the State Construing the Statutes Page 93, Image 103 (Vol. 2, 1887) available at The Making of Modern Law: Primary Sources.

Storing Gunpowder in Town Limits, § 4093. Storing Gunpowder in city or town. – Any person who keeps on hand, at any one time, within the limits of any incorporated city or town, for sale or for use, more than fifty pounds of gunpowder, must, on conviction, be fined not less than one hundred dollars.




J. M. Falkner, The Code of Ordinances of the City Council of Montgomery, with the Charter Page151, Image 151 (1879) available at The Making of Modern Law: Primary Sources.

[Ordinances of the City of Montgomery,] § 449. Any person who fires or discharges, or causes to be fired or discharged, any pistol, gun, cannon, anvil, or anything of like kind or character; or who lets off or discharges any rocket, fire-crackers, squib or other fire-works, without first having obtained permission of the Mayor, who shall designate the place where such firing may be done, must, on conviction, be fined not less than one nor more than one hundred dollars.




J. M. Falkner, The Code of Ordinances of the City Council of Montgomery, with the Charter Page 148-49, Image 148-49 (1879) available at The Making of Modern Law: Primary Sources.

§ 428. Any person who, not being threatened with or having good reason to apprehend an attack, or travelling or setting out on a journey, carries concealed about his person a bowie-knife or any other knife of like kind or description, or a pistol or fire-arms of any other kind or description, air gun, slung-shot, brass-knuckles, or other deadly or dangerous weapon, must, on conviction, be fined not less than one nor more than one hundred dollars.




Wade Keyes, The Code of Alabama, 1876 : with References to the Decisions of the Supreme Court of the State upon the Construction of the Statutes; and in Which the General and Permenent Acts of the Session of 1876-7 have been Incorporated Page 901, Image 917 (1877) available at The Making of Modern Law: Primary Sources.

Offenses Against Public Health, § 4229. Shooting and horse-racing on public road. – Any person who discharges a gun, or any other kind of fire-arms, along or across any public road, or engages in a horse race on any public road, must, on conviction, be fined not less than ten, nor more than fifty dollars.




Wade Keyes, The Code of Alabama, 1876 : with References to the Decisions of the Supreme Court of the State upon the Construction of the Statutes; and in Which the General and Permanent Acts of the Session of 1876-7 have been Incorporated Page 914, Image 930 (1877) available at The Making of Modern Law: Primary Sources.

Offenses Against the Person, § 4315. Assault and Battery with cowhide, &c., having pistol or other deadly weapon to intimidate. – Any person who assaults and beats another, with a cowhide, stick, or whip, having in his possession at the time a pistol, or other deadly weapon, with intent to intimidate and prevent the person assaulted from defending himself, must, on conviction, at the discretion of the jury, be fined not more than two thousand dollars, or be imprisoned in the county jail, or sentenced to hard labor of the county, for not more than twelve months.




Wade Keyes, The Code of Alabama, 1876 : with References to the Decisions of the Supreme Court of the State upon the Construction of the Statutes; and in Which the General and Permenent Acts of the Session of 1876-7 have been Incorporated Page 901, Image 917 (1877) available at The Making of Modern Law: Primary Sources.

Offenses Against Public Health, etc. § 4230 (3751). Selling, giving, or lending, pistol or bowie knife, or like knife, to boy under eighteen. – Any person who sells, gives, or lends, to any boy under eighteen years of age, any pistol, or bowie knife, or other knife of like kind or description, must on conviction, be fined not less than fifty, nor more than five hundred dollars.




Wade Keyes, The Code of Alabama, 1876: with References to the Decisions of the Supreme Court of the State upon the Construction of the Statutes; and in Which the General and Permanent Acts of the Session of 1876-7 have been Incorporated Page 989, Image 1005 (1877) available at The Making of Modern Law: Primary Sources.

“§ 4809 (4136). Carrying Concealed Weapons. – In an indictment for carrying concealed weapons, it is sufficient to charge that the defendant “carried concealed about his person a pistol, or other description of fire-arms,” or “a bowie-knife, or other knife or instrument of the like kind or description,” without averring the want of a legal excuse on his part; and the excuse, if any, must be proved by the defendant, on the trial, to the satisfaction of the jury.”

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Wade Keyes, Fern M. Wood,  and John D. Roquemore, eds., The Code of Alabama, 1876: with References to the Decisions of the Supreme Court of the State upon the Construction of the Statutes; and in Which the General and Permenent Acts of the Session of 1876-7 have been Incorporated (Montgomery, AL: Barrett & Brown, 1877), 989. Part Fifth—Of Crimes and Their Punishment; Proceedings in Criminal Cases, Title 3—Of the Proceedings in Criminal Cases, Chapter 7—Proceedings in the Circuit and City Courts, Article 3—Indictments; form and Contents of; Amendments, and Substitution when Lost or Destroyed. (Undated.)




Wade Keyes, The Code of Alabama, 1876 : with References to the Decisions of the Supreme Court of the State upon the Construction of the Statutes; and in Which the General and Permanent Acts of the Session of 1876-7 have been Incorporated Page 882, Image 898 (1877) available at The Making of Modern Law: Primary Sources.

Offenses Against Public Peace, § 4109. Carrying Concealed Weapons – Any person who, not being threatened with, or having good reason to apprehend, an attack, or traveling, or setting out on a journey, carries concealed about his person a bowie knife, or any other knife or instrument of like kind or description, or a pistol, or fire arms of any other kind or description, or an air gun, must be fined, on conviction, not less than fifty, nor more than three hundred dollars; and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than six months. 




Wade Keyes, The Code of Alabama, 1876 : with References to the Decisions of the Supreme Court of the State upon the Construction of the Statutes; and in Which the General and Permenent Acts of the Session of 1876-7 have been Incorporated Page 883, Image 899 (1877) available at The Making of Modern Law: Primary Sources.

Offenses Against Public Justice, &c. § 4110. Carrying, concealed, brass knuckles and slung-shots. – Any person who carries, concealed about his person, brass knuckles, slung-shot, or other weapon of like kind or description, shall, on conviction thereof, be fined not less than twenty, nor more than two hundred dollars, and may also, at the discretion of the court trying the case, be imprisoned in the county jail, or sentenced to hard labor for the county, for a term not exceeding six months. § 4111. Carrying rifle or shot-gun walking canes. – Any person who shall carry a rifle or shot-gun walking cane, shall, upon conviction, be fined not less than five hundred dollars, nor more than one thousand dollars, and be imprisoned in the penitentiary not less than two years.




Wade Keyes, The Code of Alabama, 1876 : with References to the Decisions of the Supreme Court of the State upon the Construction of the Statutes; and in Which the General and Permenent Acts of the Session of 1876-7 have been Incorporated Page 929-30, Image 945-46 (1877) available at The Making of Modern Law: Primary Sources.

Offenses Against Property. §4406 (3479). Hunting wild hogs. – Any person who, without first giving notice to at least three freeholders in the neighborhood, hunts, catches, or kills wild hogs, unmarked, with dog and gun, or with either, must on conviction, be fined not less than ten, nor more than one hundred dollars. § 4407 (3750). Fire-hunting. – Any person who, in the night time, hunts deer by fire, and with a gun, must on conviction, be fined not less than ten, nor more than one hundred dollars.




The Revised Code of Alabama Page 169, Image 185 (1867) available at The Making of Modern Law: Primary Sources.

Taxation, § 10. On All pistols or revolvers in the possession of private persons not regular dealers holding them for sale, a tax of two dollars each; and on all bowie knives, or knives of the like description, held by persons not regular dealers, as aforesaid, a tax of three dollars each; and such tax must be collected by the assessor when assessing the same, on which a special receipt shall be given to the tax payer therefor, showing that such tax has been paid for the year, and in default of such payment when demanded by the assessor, such pistols, revolvers, bowie knives, or knives of like description, must be seized by him, and unless redeemed by payment in ten days thereafter, with such tax, with an additional penalty of fifty per cent., the same must be sold at public outcry before the court house door, after five days notice; and the overplus remaining, if any, after deducting the tax and penalty aforesaid, must be paid over to the person from whom the said pistol, revolver, bowie knife, or knife of like description, was taken, and the net amount collected by him must be paid over to the collector every month, from which, for each such assessment and collection, the assessor shall be entitled to fifty cents, and when the additional penalty is collected, he shall receive fifty per cent. additional thereto.




George Washington Stone, The Penal Code of Alabama, Montgomery, 1866 Page 63, Image 63 (1866) available at The Making of Modern Law: Primary Sources.

Miscellaneous Offenses § 204. Selling or giving fire-arms to minor. – Any person who sells, gives, or lends to any boy under eighteen years of age, any pistol, or bowie-knife, or other knife of like kind or description, must, on conviction, be fined not less than fifty, nor more than five hundred dollars.