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Carrying Weapons or Sale to Minors Prohibited, Amendment to Ordinance No. 11—Crimes and Punishment, §§ 7-9 in Ordinances, Charter and Laws for the Government of the City of Frankfort, Kentucky (1876)

“Sec. 7. Any person who shall discharge any gun or pistol within the city, unless in the lawful defense of his person, family, or property, shall be fined ten dollars for each offense; but this provision shall not apply to gunsmiths who discharge firearms on their own premises in the pursuit of their regular business.

Sec. 8. Any person who shall, within the city, carry concealed a deadly weapon, other than an ordinary pocket­knife, shall be fined, for each offense, not less than twenty-five nor more than one hundred dollars: Provided, That it shall be a sufficient defense to a prosecution for a violation of this provision to establish—

  1. That the person charged had reasonable grounds to believe his person, or the person of some member of his family, or his property, was in danger from violence or crime.
  2. That he was a Sheriff, Constable, Marshal, Policeman, Officer or Guard of the Penitentiary, or carrier of the United States mail, and that such weapon was a necessary precaution to his protection in the efficient discharge of such public or official duty; or,

III. That he was required, by his business or occupation, to travel during the night-time. (Sec. 8 repealed by sec. 9.)*  

9. That section 8 of the published Ordinances of the said city, and an Ordinance approved March 24, 1869, pertaining to carrying concealed deadly weapons, be, and the same are hereby, repealed, and the following be substituted in lieu thereof: If any person shall carry concealed a deadly weapon upon or about his person, other than an ordinary pocket-knife, or shall sell a deadly weapon to a minor, other than an ordinary pocket-knife, such person shall, upon conviction, be fined not less than twenty-five nor more than one hundred dollars, in the discretion of the court or jury trying the case. Carrying concealed deadly weapons shall be lawful in the following cases: 1st. When the person has reasonable grounds to believe his person or the person of some of his family, or his property, is in immediate danger from violence or crime. 2d. By Sheriffs, Constables, Marshals, Policemen, and other ministerial officers, when necessary for their protection in the discharge of their official duties[.]—Approved April 8, 1876.”

*This parenthetical explanation is part of the original text, not an editorial remark.

Full Text: 1876, KY, Ordinance No. 11—Crimes and Punishment, §§ 7-9


Ordinances, Charter and Laws for the Government of the City of Frankfort, Kentucky: Ordinances Approved December 1st, 1890, and in Force from and after That Date (Frankfort, KY: G. A. Lewis, Printer, 1891), 22-24. Ordinance No. 11: Crimes and Punishment, §§ 7-9. Amended April 8, 1876. 




Unlawful for Other Than Regular Militia to Drill, Ch. 1525, § 1, in Acts of the General Assembly of the Commonwealth of Kentucky (1888).

“Sec. 1. It shall be unlawful for any body of men whatever, other than the regular organized militia of this Commonwealth, and the troops of the United States, to associate themselves together as a military company or other armed organization, or to drill or parole with arms anywhere in this Commonwealth, without the license of the Governor thereof, which license may, at any time, be revoked: Provided, That nothing herein contained shall be construed so as to prevent benevolent or social organizations from wearing swords, or students in educational institutions chartered by the Legislature, wherein military science is part of the course of instruction, from drilling and parading with arms in public, under the superintendence of their instructors, or honorably discharged soldiers of the United States Army from parading or doing escort duty with arms. This section shall not apply to the Louisville Light Infantry.”

1888, KY, Unlawful for Other Than Regular Militia to Drill, Ch. 1525, § 1


Acts of the General Assembly of the Commonwealth of Kentucky Passed at the Regular Session of the General Assembly, which Was Begun and Held in the City of Frankfort, on Friday, the Thirtieth Day of December,  Eighteen Hundred and Eighty-Seven (Frankfort, KY: John D. Woods, 1888), 139-140. Chapter 1525, An Act to Amend an Act, Entitled “An Act in Relation to the Militia of This Commonwealth, and the Organization of the Kentucky State Guard,” Approved April 8th, 1878, and the Amendments Thereto, Approved Respectively May 5th, 1880, and December 16th, 1882, § 1. Approved May 4, 1888.




By-Laws & Ordinances for the Police of the Town of Lexington, Sect. 4: Penalty for firing a gun (1809).

“Be it further ordained, That no person except watchmen in the discharge of their duty, shall fire a gun or pistol within the limits of the in lots of this town, unless in the defence of life or property, under the penalty of three dollars for every such offence.”

1809, KY, Penalty for firing a gun


“By-Laws & Ordinances for the Police of the Town of Lexington, Revised,” Sect. 4: Penalty for firing a gun, in Acts of the Legislatures of Virginia and Kentucky and by-Laws & Ordinances for the Regulation and Government of the Town of Lexington, (Lexington, KY: D. & C. Bradford, 1809), 36.




Kentucky Statutes Containing All General Laws including Those Passed at Session of 1898, p. 547 Sec. 1259

Hunting or fishing on another’s land. Any person who shall enter upon the inclosed lands of another for the purpose of shooting, hunting, or fishing, without the consent of the owner or occupant of said lands, shall be fined not less than five nor more than twenty-five dollars. (See further, sec. 1252.)

Full Text: HeinOnline (subscription required)




1853 Ky. Acts 186, An Act to Prohibit the Carrying of Concealed Deadly Weapons, Ch. 1020.

Sec 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That if any person shall hereafter carry concealed any deadly weapons, other than an ordinary pocket knife, except as provided in the next section, he shall be fined on the first conviction not less than fifth nor more than one hundred dollars, and on any subsequent conviction not less than one hundred nor more than five hundred dollars.

Sec. 2. That the carrying of concealed deadly weapons shall be legal in the following cases: 1. Where the person has reasonable grounds to believe his person, or the person of some of his family, or his property, is in danger from violence or crime. 2. Where sheriffs, constables, marshals, and policemen carry such weapons as are necessary to their protection in the efficient discharge of their duty. 3. Where persons are required by their business or occupation to travel during the night, the carrying concealed deadly weapons during such travel.

Sec. 3. This act shall be given in charge by the judges to the grand juries.




1934 Ky. Acts 169-70, An Act . . . prescribing punishment for robbery or burglary . . ., ch. 52, § 1159(a).

That if any person shall commit acts of robbery, burglary . . . robbery of bank [sic] or safe, and in committing said act or acts shall use or display any pistol, gun or other firearms or deadly weapon of any character in so doing; upon conviction such person or persons shall be sentenced to death or life imprisonment in the discretion of the jury . . . .




1924 Ky. Acts 76, Malicious Shooting, Stabbing or Poisoning; Deadly Weapon, § 1166.

If any person shall willfully and maliciously shoot at another without wounding (or shoot at or into any railroad passenger coach, station, station platform, waiting room, or steamboat occupied by any employee, passenger or other person or persons, or cast at or into the same a stone or other dangerous or deadly missile, or draw or present a pistol with intent to willfully and maliciously shoot in or on a railway passenger coach, station, station platform, waiting room or steamboat occupied by any employee, passenger or other person or persons), or shoot at and wound another with the intention to kill him, so that he does not die thereby, or shall wound a person other than the person shot at, so that he does not die thereby, with a gun, or other instrument loaded with leaden bullet or other substance, or shall willfully and maliciously cut, strike or stab another with a knife, sword or other deadly weapon with intention to kill, if the person so stabbed, cut or bruised die not thereby, or shall willfully and maliciously administer poison to another, if death do not ensue in consequence thereof, he, and any person who aided, counselled or advised or encouraged him, shall be confined in the penitentiary not less than one nor more than five years.




1912 Ky. Acts 593, Regulate Storage of Explosives and Provide Against Fires, § 17.

To regulate the storage of gunpowder, rosin, tar, pitch, cotton, oil and all other explosives and combustible material, and to appoint some suitable person or persons, at seasonable times, to enter and examine such houses as they may designate, in order to ascertain whether any of such houses are in a dangerous condition with reference to fires, and to cause such as are in a dangerous condition to be immediately put in safe order and condition.




1904 Ky. Acts 150-51, An Act Creating the Offices of Fish and Game Wardens and Defining the Powers and Duties and Fixing the Compensation of such Officers, and for the Further Protection and Preservation of Fish, Game and Birds in the State of Kentucky, ch. 68, § 3.

Game wardens . . . may arrest on sight and without warrant any person detected by them in the act of violating any such law; they shall have the same right as sheriffs to require aid in executing any process or in arresting without process any person found by them in the act of violating any of said laws; and they shall have authority to seize without process; and birds, fish or game then found in the possession of any such person, together with the guns, nets, seines, traps or other devices, with which the same were taken or killed, and destroy or confiscate such guns, nets, seines, traps or other devices, and forthwith convey such offender before a court or magistrate . . . .




1891 Ky. Acts 1076, An Act for the Government of Cities of the Third Class, pt. 13.

To regulate, restrain or prevent the establishment or continuance in or near said city of any trade or occupation, business or manufactory offensive to the public, or dangerous to health, or in causing or producing fire: and to regulate the sale of fire-arms and to prevent the carrying of concealed deadly weapons.




Ky. Constitution of 1891, § 1.7.

The right to bear arms in defense of themselves and of the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons.




1880 Ky. Gen. Stat. 742-43, chap. 36, § 1309, § 1313.

§ 1309. If any person shall carry concealed a deadly weapon upon or about his person, other than an ordinary pocket knife, or shall sell such weapon to a minor other than an ordinary pocket knife, such person shall, upon conviction, be fined . . . § 1313. Carrying concealed deadly weapons shall be lawful in the following cases: By sheriffs, constables, marshals, policemen, and other ministerial officers, when necessary for their protection in the discharge of their official duties, by United States mail carriers when actually engaged in their dutes as such, and by agents and messengers of express companies when neccessary for their protection in the discharge of their official duties.




1875 Ky. Acts 450, An Act to Amend an Act Entitled “An Act to Amend and Reduce into One Several Acts in Regard to the Town of Vanceburg, in Lewis County”, § 43.

No person, except watchmen, gunsmiths and militiamen in the discharge of their duty, or unless in defense of life or property, shall fire a gun or pistol within the city limits: any person thus offending shall be fined not less than one dollar nor more than five dollars.




1874 Ky. Acts 327, An Act to Revise and Amend the Charter of the City of Newport, § 6.

To prohibit the manufacture of gunpowder or other explosive, dangerous, or noxious compounds or substances in said city, and to regulate their sale and storage by license.




Edward Innes Bullock, Commissioner, The General Statutes of the Commonwealth of Kentucky. To Which are Prefixed Magna Charta, the Constitution of the United States, the Constitutions of Kentucky, and the Other Documents Ordered by Law Page 669, Image 681 (1873) available at The Making of Modern Law: Primary Sources.

Fines and Penalties. § 3. A soldier who unnecessarily, or without order from a superior officer, comes to any parade with his musket, rifle, or pistol loaded with ball, slug, or shot, or shall so load the same while on duty, or unnecessarily, or without order from a superior officer, discharges the same when going to, returning from, or upon parade, shall forfeit not less than one nor more than five dollars.




The General Statutes of the Commonwealth of Kentucky. To Which are Prefixed Magna Charta, the Constitution of the United States, the Constitutions of Kentucky, and the Other Documents Ordered by Law Page 345, Image 357 (1873) available at The Making of Modern Law: Primary Sources.

Crimes and Punishments. § 11. If any person shall hunt game with a gun or dogs on the Sabbath, he shall be fined not less than five nor more than fifty dollars for each offense.




1871 Ky. Acts 89, An Act to Prohibit the Carrying of Concealed Deadly Weapons, ch. 1888, §§ 1-2, 5.

§ 1. That if any person shall hereafter carry concealed any deadly weapon upon their persons other than an ordinary pocket-knife, except as provided for in next section, he shall be fined, on the first conviction, not less than twenty-five dollars nor more than one hundred dollars, or imprisoned not less than thirty days nor more than sixty days, or both so fined and imprisoned; and on any subsequent conviction not less than one hundred nor more than four hundred dollars, or imprisoned not less than two months nor more than six months, or both.
§ 2. That the carrying of concealed deadly weapons shall be legal in the following cases: 1st. Where the person has reasonable grounds to believe his person, or the person of some of his family, or his property, is in danger from violence or crime; 2d. Where sheriffs, constables, marshals, and policemen carry such concealed weapons as are necessary to their protection in the efficient discharge of their duty; 3d. Where persons are required by their business or occupation to travel during the night, the carrying concealed deadly weapons during such travel. . . .
§5. That it shall be deemed concealed to carry deadly weapons in a scabbard or belt, if the belt is under the coat, fastened around the person.




1869 Ky. Acts 481, An Act to Amend and Reduce into One the Several Acts in Reference to the Town of Princeton, art. V, pt. 14.

To regulate the keeping and conveying of gun-powder and other combustible and dangerous materials.




1866 An Act To Prevent Shooting On The Sabbath In This Commonwealth, ch. 656, § 1.

That No person shall, within this Commonwealth, on the Sabbath day, enter or go upon the land of another person to catch, shoot, or kill any birds, fowl, or animal of any kind; and any such person having in his possession a gun at the time, or after he enters upon the premises of another as aforesaid, shall, upon proof, be guilty of a violation of this act, and, upon conviction thereof, by proceedings before any justice of the peace, in any county of the State . . . .




1865 Ky. Acts 715, § 2.

If any person shall shoot off a gun or pistol within the corporate limits of said town, it shall be the duty of the trustees and officers of said town to report the fact to the police judge, who shall forthwith have the person so offending arrested and brought before him for trial, and, on conviction of the offense, shall be fined by said judge in a sum not to exceed ten dollars, and a forfeiture to said town of the gun or shall be the duty of said judge to have the gun or pistol so used sold at public auction, and the proceeds thereof shall be paid into the treasury of said town . . . .




Charter of the City of Covington, and Amendments Thereto up to the Year 1864, and Ordinances of Said City, and Amendments Thereto, up to the Same Date Page 148-149, Image 148-149 (1864) available at The Making of Modern Law: Primary Sources.

Ordinances of the City of Covington, An Ordinance Regulating the Sale of Powder in the City of Covington, § 1. Be it ordained by the City Council of Covington, That it shall not be lawful for any person or persons to erect, within the limits of the corporation, any powder magazine, or any other building for the purpose of storing gun powder in greater quantities than is hereinafter specified; and any person violating the provision of this section, shall, on conviction before the Mayor, forfeit and pay a fine of one hundred dollars, and ten dollars for every twenty-four hours said building shall be used or occupied for the storage of more than twenty-five pounds of powder. § 2. Be it further ordained, That it shall not be lawful for any person to keep, in storage or for sale, more than one hundred pounds of powder in any one house in said city, at any one time: and that amount, or any part thereof, shall be securely and carefully kept, and closed up in a good and sufficient safe, so that it can not by any means be exposed. A violation of this section shall subject the person to a fine, on conviction, of five dollars for every offense. § 3. Be it further ordained, That no person or persons shall sell, or keep for sale, in said city, any gun powder without having first obtained a permission so to do from the Mayor of said city, who shall, before said license is granted, be fully assured and satisfied that the applicant has good and sufficient safes to keep powder in, in conformity with the second section of this ordinance; and when the Mayor is satisfied that the license may be granted, without too much risk to the community at large, he shall issue said license to the applicant, upon his paying into the City Treasury the sum of twenty dollars for one year’s license, and to the Mayor fifty cents, and to the City Clerk twenty-five cents, for their certificates. Any person who shall sell any gun powder in said city from and after the passage of this ordinance, without having first obtained a license therefor, shall, for each and every offense, forfeit, pay, on conviction, the sum of five dollars and costs.




1860 Ky. Acts 245, AN ACT to amend an act, entitled “An act to reduce into one the several acts in relation to the town of Harrodsburg, Ch. 33, § 23.

If any person, other than the parent or guardian, shall sell, give, or loan, any pistol, dirk, bowie-knife, brass-knucks, slung-shot, colt, cane-gun, or other deadly weapon, which is carried concealed, to any minor, or slave, or free negro, he shall be fined fifty dollars.




1859 Ky. Acts 245, An Act to Amend an Act Entitled “An Act to Reduce to One of the Several Acts in Relation to the Town of Harrodsburg,” § 23.

If any person, other than the parent or guardian, shall sell, give or loan, any pistol, dirk, bowie-knife, brass knucks, slung-shot, colt, cane-gun, or other deadly weapon, which is carried concealed, to any minor, or slave, or free negro, he shall be fined fifty dollars.




1855 Ky. Acts 139, An Act to Incorporate the Town of Baltimore, Hickman County, ch. 475, § 10.

Any person who shall shoot off a gun or pistol, or shall run or gallop a horse creature in said town, shall be liable to a fine of not less than two nor more than four dollars . . . .




Oliver H. Strattan, A Collection of the State and Municipal Laws, in Force, and Applicable to the City of Louisville, Ky. Prepared and Digested, under an Order from the General Council of Said City by Oliver H. Strattan and John M. Vaughan, City Clerks, which Includes the State Constitution and City Charter, with Notes of Reference Page 198, Image 199 (1857) available at The Making of Modern Law: Primary Sources.

[Ordinances of Louisville,] No. 100, An Ordinance to Regulate the Discharge of Guns and Fireworks. Any person who shall discharge a gun, pistol, or other fire-arms, or any person, who shall set off a squib, cracker, or other fire works, in any public place, or send up a paper balloon or sky rocket, or throw a fire ball within the city, shall be fined four dollars.