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Ordinance No. 51: An Ordinance to Establish a Criminal Code, THE GLOBE JOURNAL, Jun. 5, 1880, at 2 (Falls City, Nebraska).

    “…SECTION 6. It shall be unlawful for any person or persons to maliciously or wilfully disturb the peace by loud or unusual noises, or by tumultuous and officious carriage, or by menacing or threatening, or traducing, or assaulting, or striking, or wounding, or challenging to fight, or fighting another or others, or by quarrelling or rioting, or discharging fire-arms, or by ringing bells or beating upon or otherwise producing loud and disagreeable noises from metalic or other substances…

    …SECTION 11: Whoever shall carry a weapon, or weapons, concealed on or about his person, such as a pistol, bowie knife, dirk, or any other dangerous weapon, shall be fined not exceeding one hundred dollars, or imprisoned in jail not more than thirty days; and for the second office fined in any sum not exceeding one hundred dollars, or imprisonment in jail not more than ninety days, or both, at the discretion of the court; Provided, however, if it shall be proved from the testimony on the trial of any such case that the accused was at the time of carrying any weapon or weapons as aforesaid, engaged in the pursuit of any lawful business, calling or employment, and the circumstances in which he was placed at the time aforesaid were such as to justify a prudent man in carrying the weapon or weapons aforesaid for the defense of his person, property or family, the accused shall be acquitted…  

    …SECTION 23. If any officer, whose duty it is at the time to serve the same, shall receive from the mayor or police judge, or acting police judge, any warrant, or other criminal process, issued by such magistrate in pursuance of law, and refuse or neglect, or unnecessarily delay the service of the same immediately, or as soon as may be when in his power to do so, either alone or by calling upon assistance according to law, such officer shall, if the offense charged in such warrant or process be not by law punishable by death or imprisonment in the penitentiary, be fined in any sum not exceeding one hundred dollars, or imprisoned not exceeding ten days, or both…”

Full Text (From Newspapers.com): 1880, NE, The Globe Journal (Falls City), Ordinance no. 51, §§ 6, 11, & 23 at 2

 


“Ordinance No. 51: An Ordinance to Establish a Criminal Code.” The Globe-Journal, June 5, 1880, p. 2. Volume 12, Number 646. Ordinance No. 51—An Ordinance to Establish a Criminal Code, §§ 6, 11, & 23. Passed and approved May 13, 1880. (Falls City, NE). 




Military Companies Other than State Militia, Ch. 50, §§ 54-55, in Laws, Joint Resolutions, and Memorials, Passed by the Legislative Assembly of the State of Nebraska (1887).

        “Sec. 54. It shall not be lawful for any body of men whatever, other than the regular organized volunteer militia of this state, and the troops of the United States to associate themselves together as a military company or organization, or to drill or to parade with arms in any city or town in this state without the license of the governor thereof which license may at any time be revoked; and

        Provided, further, That students in educational institutions where military science is part of the course of instruction may with the consent of the governor drill and parade with arms in public under the superintendence of their instructors may take part in any regiment or brigade encampment under the command of their military instructor and while so encamped shall be governed by the provisions of this act. They shall be entitled only to transportation and subsistence and shall report and be subject to the commandant of such encampment provided that nothing herein contained shall be construed so as to prevent benevolent or social organizations from wearing swords.

        Sec. 55. Whoever offends against the provisions of the preceding section, or belongs to, or parades with any such unauthorized body of men with arms, shall be punished by a fine not exceeding the sum of ten ($10.00) or by imprisonment in the common jail for a term not exceeding six months, or both.”

1887, NE, Military Companies Other than State Militia, Ch. 50, §§ 54-54


Laws, Joint Resolutions, and Memorials, Passed by the Legislative Assembly of the State of Nebraska, at Its Twentieth Session, Begun and Held at the City of Lincoln, January 4, A.D. 1887 (Lincoln, NE: Journal Company, 1887), 502. Chapter 50—Militia, An Act to Amend an Act, Entitled “An Act to Establish a Military Code for the State of Nebraska,” Approved February 28, A.D. 1881, and to Repeal Chapter 64, Laws 1881, as Now Existing, §§ 54-55, Military Companies Other than State Militia & Punishment of Offences. Approved March 31, 1887.




Discharging Firearms & Carrying Concealed Weapons, Ch. 28, §§ 5-6, in Revised Ordinances of the City of Omaha (1872).

        “Sec.5. If any person shall unnecessarily discharge any fire-arms, or shoot off any fire-crackers, or other fire-works, or shall light or throw any fire-ball or crackers, in said city [i.e., Omaha], without permission of the Mayor, such person so doing, shall, on conviction thereof, be fined in any sum not exceeding twenty dollars. The City Council may by resolution suspend the operation of the above provision of this section, on the Fourth of July or any other day of public rejoicing.

        Sec. 6. If any person shall carry any concealed weapon or weapons, or have concealed upon or about his or her person any revolver, pistol, slung shot, bowie knife, or other deadly weapon or instrument, such person shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not exceeding twenty dollars. The foregoing provision shall not apply to officers whose duties require that they should carry arms, nor to well known and worthy citizens, or persons of good repute, who may carry arms for their own protection in going to or from their place or places of business, if such business be lawful.”

1872, NE, Ch. 28, §§ 5-6, Revised Ordinances of the City of Omaha


John P. Bartlett ed., The Revised Ordinances of the City of Omaha: Also the City Charter, Former Charters of the City and Amendments thereto…State Laws Relating to the City (Omaha, NE: Omaha Herald Steam Book and Job Printing House, 1872), 86-87. Chapter 28, Peace and Order, §§ 5-6. Undated.




1929 Neb. Laws 674, An Act Prohibiting the Sale, Possession and Transportation of Machine Guns within the State of Nebraska; and Prescribing Penalties for the Violation of the Provisions Hereof, ch. 190, §§ 1-2.

§ 1. Machine Guns – Sale Unlawful – Penalty – It shall be unlawful for any person, firm or corporation, its or their agents or servants, to sell or cause to be sold or otherwise to dispose of any machine gun to any person in the State of Nebraska, except officers of the law, agents of the United States government, or agents of the law enforcement department of the State of Nebraska. If any person, firm or corporation, or its or their agents or servants violate any of the provisions of this section, they shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in a sum not less than one thousand dollars nor more than ten thousand dollars. § 2. U.S. Army and National Guard Exempt – It shall be unlawful for any person or persons, except officers of the law, soldiers of the United States Army, or officers and enlisted men of the National Guard of this state, to transport any machine gun on any highway within this state, or to have in possession for any unlawful purpose any machine gun. Any person violating any of the provisions of this section shall be deemed guilty of a felony and upon conviction thereof, shall be imprisoned in the state penitentiary for not less than one year nor more than ten years.




1907 Neb. Laws 498-99, An Act Creating and Defining Burglary with Explosives, and Providing Penalties for the Violation Thereof, ch. 165, §§ 1, 2.

§ 1. Any person who brakes [sic] and enters, either by day or by night, any building, whether inhabited or not, and opens or attempts to open any vault, safe or other secure place, by the use of nitroglycerine, dynamite, gunpowder, or any other explosive, with intent to steal or injure the property of another, shall be deemed guilty of burglary with explosives. § 2. Any person duly convicted of burglary with explosives shall be sentenced to the penitentiary for life or for any term not less than twenty years.




1901 Neb.Laws 154, An Act, to Incorporate Cities of the First Class, Having Less Than Forty Thousand and More Than Twenty-Five Thousand Inhabitants and Regulating Their Duties, Powers and Governments, ch. 17, § 33.

To regulate or prohibit the transportation and keeping of gun powder, oils or other combustible and explosive articles.




1901 Neb. Laws 372, An Act, to Protect Fish, and Game . . . within the State of Nebraska, and to Provide Penalties for the Violation Thereof . . . , Art. II, ch. 36, § 4, pt. 8.

No game shall be pursued, taken, wounded or killed in the night, nor with a steel or hard pointed bullet, nor with any weapon other than an ordinary shoulder gun or pistol, nor shall any fish be taken or killed except in the ordinary manner with a line and rod, and the hook or hooks baited with natural or artificial bait[.]




1901 Neb. Laws 141, An Act, to Incorporate Cities of the First Class Having a Population of More Than Forty Thousand (40,000) and Less Than One Hundred Thousand (100,000) Inhabitants . . . , ch. 16, § 129, pt. 55.

Disorderly Assemblies – Concealed Weapons, Combustibles. – To prohibit riots, routs, noise, or disorderly assemblies; to prevent use of fire arms, rockets, powder, fire works, or other dangerous and combustible material; carrying of concealed weapons; to arrest, punish, fine or set at work on streets or elsewhere vagrants and persons found without visible means of support, or legitimate business; to regulate and prevent the transportation of gun powder or combustible articles, tar, pitch, rosin, coal, oil, benzine [sic], turpentine, hemp, cotton, nitroglycerine, dynamite, petroleum or its products, or other explosives or inflammables; use of lights in stables, shops or other places, building of bonfires[.]




Compiled Ordinances of the City of Fairfield, Clay County, Nebraska Page 34, Image 34 (1899) available at The Making of Modern Law: Primary Sources.

Ordinance No. 20, An Ordinance to Prohibit the Carrying of Concealed Weapons and Fixing a Penalty for the violations of the same. Be it ordained by the Mayor and Council of the City of Fairfield, Nebraska: § 1. It shall be unlawful for any person to carry upon his person any concealed pistol, revolver, dirk, bowie knife, billy, sling shot, metal knuckles, or other dangerous or deadly weapons of any kind, excepting only officers of the law in the discharge or their duties; and any person so offending shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be subject to the penalty hereinafter provided. § 2. Any such weapon or weapons, duly adjudged by the Police Judge of said city to have been worn or carried by any person in violation of the first section of this ordinance, shall be forfeited or confiscated to the City of Fairfield and shall be so adjudged.




1897 Neb. Laws 162, An Act To Amend . . . Compiled Statutes of 1895 for the Government of Cities, ch. 14, § 24, pt. 38.

To . . . regulate and prevent the transportation of gun powder or other explosives or combustible articles, tar, pitch, rosin, coal, oil, benzine [sic], turpentine, hemp, cotton, nitroglycerine, dynamite, petroleum, or any other productions thereof and other materials of like nature[.]




1895 Neb. Laws 210, Laws of Nebraska Relating to the City of Lincoln, An Ordinance Regulating and Prohibiting the Use of Fire-arms, Fire-works and Cannon in the City of Lincoln . . . Prescribing Penalties for Violation of the Provisions of This Ordinance, and Repealing Ordinances in Conflict Herewith, Art. XVI, § 6.

The Mayor may grant to so many and such persons as he may think proper, licenses to carry concealed weapons, and may revoke any and all of such licenses at his pleasure. Every such license shall state the name, age, occupation, and residence, of the person to whom granted, and shall be good for one year. A fee of fifty cents shall be paid therefor to the City Treasurer, and by him placed in the police fund.




1895 Neb. Laws 237-38, Laws of Nebraska Relating to the City of Lincoln, An Ordinance Regulating and Prohibiting the Use of Fire-arms, Fire-works and Cannon in the City of Lincoln . . . Prescribing Penalties for Violation of the Provisions of This Ordinance, and Repealing Ordinances in Conflict Herewith, Art. XXVI, §§ 2, 5.

§ 2. No person shall sell, loan, or furnish, to any minor, any gun, fowling-piece, or other fire-arm, within the limits of the city, under penalty of a fine of fifty dollars for each offense. § 5. It shall be unlawful for any parent, guardian, or other person having the care and custody of any minor, to purchase for or give to any such minor or knowingly to permit any minor to have any toy pistol, toy gun, or other toy arm or arms, or sling shot, out of which any leaden or other dangerous missiles may be discharged. Any such person so offending shall, upon conviction thereof, be fined in any amount not exceeding twenty dollars, and stand committed until such fine and costs are paid and secured.




1895 Neb. Laws 233, Laws of Nebraska Relating to the City of Lincoln, An Ordinance Regulating and Prohibiting the Use of Fire-arms, Fire-works and Cannon in the City of Lincoln . . . Prescribing Penalties for Violation of the Provisions of This Ordinance, and Repealing Ordinances in Conflict Herewith, Art. XXV, § 17.

No person shall keep, sell, or give away any gunpowder or guncotton in any quantity without permission in writing signed by the Chief of Fire Department and City Clerk, and sealed with the corporate seal, under a penalty of twenty-five dollars for every offense: Provided, any person may keep for his own defense a quantity of gunpowder or guncotton not exceeding one pound.




1895 Neb. Laws 237, Laws of Nebraska Relating to the City of Lincoln, An Ordinance Regulating and Prohibiting the Use of Fire-arms, Fire-works and Cannon in the City of Lincoln . . . Prescribing Penalties for Violation of the Provisions of This Ordinance, and Repealing Ordinances in Conflict Herewith, Art. XXVI, §§ 1, 3.

§ 1. No person, except an officer of the law in the discharge of his duty, shall fire or discharge any gun, pistol, fowling-piece, or other fire-arm, within the corporate limits of the city of Lincoln, under penalty of a fine of ten dollars for each offense. § 3. It shall be unlawful for any person or person to discharge or cause to be discharged any toy pistol, toy gun, or other toy arm or arms, or sling shot, loaded with leaden or other dangerous missiles, at any time or under any circumstances within the limits of the said city of Lincoln. Any person so offending shall upon conviction thereof, be fined in any sum not exceeding fifty dollars for each offense, and stand committed until such fine and costs are paid or secured.




1895 Neb. Laws 237, Laws of Nebraska Relating to the City of Lincoln, An Ordinance Regulating and Prohibiting the Use of Fire-arms, Fire-works and Cannon in the City of Lincoln . . . Prescribing Penalties for Violation of the Provisions of This Ordinance, and Repealing Ordinances in Conflict Herewith, Art. XXVI, § 4.

It shall be unlawful for any person within the said city to carry about his or her person any toy pistol, toy gun, or other toy arm or arms, or sling shots, out of or by which any leaden or other dangerous missiles may be discharged. Any person so offending shall, upon conviction thereof, be fined in any sum not exceeding twenty dollars, and stand committed until such fine and costs are paid or secured.




1893 Neb. Laws 393, An Act to Amend . . . Section 5666 . . . of Chapter 11 . . . of the Criminal Code of Nebraska . . . and to Repeal Said Sections Amended, ch. 47, § 3.

It shall also be unlawful for any person, at any time, by the aid or use of any swivel, punt gun, big gun (so called), or any other than the common shoulder gun; or by the aid or use of any punt boat, or sneak boat used for carrying such gun, to catch, kill, wound, or destroy, or to pursue after with intent to catch, kill, wound or destroy upon any of the waters, bays, rivers, marshes, mud flats, or any cover to which wild fowl resort within state of Nebraska, any wild goose, wood duck, teal, canvas-back, bluebill, or other wild duck, or to destroy or disturb the eggs of any of the birds above named; and any person offending against any of the provisions of this act shall be fined in any sum not less than two ($2) dollars, nor more than twenty ($20) dollars, for each offense, or be imprisoned in the county jail not more than twenty (20) days.




1893 Neb. Cons. Stat. 1231, Crimes and Offenses, pt. 1, ch. 5, § 5604.

Whoever shall carry a weapon or weapons concealed on or about his person, such as a pistol, bowie-knife, dirk, or other dangerous weapon, on conviction of the first offense shall be fined not exceeding one hundred dollars, or imprisoned in the county jail not more than thirty days, and for the second offense not exceeding one hundred dollars or imprisoned in the county jail not more than three months, or both, at the discretion of the court[.]




W. J. Connell, The Revised Ordinances of the City of Omaha, Nebraska, Embracing All Ordinances of a General Nature in Force April 1, 1890, Together with the Charter for Metropolitan Cities, the Constitution of the United States and the Constitution of the State of Nebraska Page 344, Image 356 (1890) available at The Making of Modern Law: Primary Sources.

Ordinances of Omaha, Concealed Weapons, § 10. It shall be unlawful for any person to wear under his clothes, or concealed about his person, any pistol or revolver, colt, billy, slung-shot, brass knuckles or knuckles of lead, dirk, dagger, or any knife resembling a bowie knife, or any other dangerous or deadly weapon within the corporate limits of the city of Omaha. Any person guilty of a violation of this section shall, on conviction, be fined not exceeding one hundred ($100) dollars for each and every offense; nothing in this section, however, shall be so construed as to prevent the United States Marshals and their deputies, sheriffs and their deputies, regular or special police officers of the city, from carrying or wearing such weapons as may be deemed necessary in the proper discharge of their duties. Provided, however, If it shall be proved from the testimony on the trial of any such case, that the accused was, at the time of carrying any weapon as aforesaid, engaged in the pursuit of lawful business, calling or employment and the circumstances in which he was placed at the time aforesaid were such as to justify a prudent man in carrying the weapon or weapons aforesaid, for the defense of his person, property or family, the accused shall be acquitted.




Guy Ashton Brown, The Compiled Statutes of the State of Nebraska, Comprising All Laws of a General Nature in Force July 1, 1881 Page 666, Image 674 (1881) available at The Making of Modern Law: Primary Sources.

Carrying Concealed Weapons, § 25. Whoever shall carry a weapon or weapons, concealed on or about his person, such as a pistol, bowie-knife, dirk, or any other dangerous weapon, on conviction of the first offense shall be fined not exceeding one hundred dollars, or imprisoned in the county jail not more than thirty days, and for the second offense not exceeding one hundred dollars or imprisoned in the county jail not more than three months, or both, a the discretion of the court; Provided, however, If it shall be proved from the testimony on the trial of any such case, that the accused was, at the time of carrying any weapon or weapons as aforesaid, engaged in the pursuit of any lawful business, calling or employment, and the circumstances in which he was placed at the time aforesaid were such as to justify a prudent man in carrying the weapon or weapons aforesaid, for the defense of his person, property or family, the accused shall be acquitted.




Gilbert B. Colfield, Laws, Ordinances and Rules of Nebraska City, Otoe County, Nebraska Page 36, Image 36 (1872) available at The Making of Modern Law: Primary Sources.

Ordinance No. 7, An Ordinance Prohibiting the Carrying of Fire Arms and Concealed Weapons, § 1. Be it ordained by the Mayor and Councilmen of the City of Nebraska City, That it shall be, and it is hereby declared to be unlawful for any person to carry, openly or concealed, any musket, rifle, shot gun, pistol, sabre, sword, bowie knife, dirk, sword cane, billy slung shot, brass or other metallic knuckles, or any other dangerous or deadly weapons, within the corporate limits of Nebraska City, Neb; Provided, that nothing herein contained shall prevent the carrying of such weapon by a civil or military officer, or by a soldier in the discharge of his duty, nor by any other person for mere purposes of transportation from one place to another.




1869 Neb. Laws 53, An Act to Incorporate Cities of the First Class in the State of Nebraska, § 47.

The City Council shall have power to license all . . . vendors of gunpowder[.]




1867 Neb. Laws 68, An Act to Incorporate Nebraska City, § 25.

The city council shall regulate the keeping and sale of gun-powder within the city[.]




1858 Neb. Laws 69, An Act to Adopt and Establish a Criminal Code for the Territory of Nebraska, ch. 1, § 135.

. . . And if any person shall have upon him any pistol, gun, knife, dirk, bludgeon or other offensive weapon with intent to assault any person, every such person, on conviction, shall be fined in a sum not exceeding one hundred dollars, or imprisoned not exceeding three months.