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An Act in Relation to Public Arms, ch. 21, §§ 1-2, 1875 N.C. Pub. Laws 18, 18.

“AN ACT IN RELATION TO PUBLIC ARMS.

 

    SECTION 1. The General Assembly of North Carolina do enact, That the auditor of the State is hereby authorized and directed to issue his warrant upon the public treasurer for the payment of such sums as may be certified by the adjutant general and governor, and as may be actually necessary to pay the freight and drayage upon the public arms received as the quota of North Carolina, from the United States government, under the acts making provision for the arming of the militia of the several States and territories, or returned to the arsenals of the United States for exchange under the act of Congress of one thousand eight hundred and seventy-three.
    SEC. 2. This act shall be in force from and after its ratification.”

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Laws and Resolutions of the State of North Carolina, Passed by the General Assembly at Its Session 1874-’75, Begun and Held in the City of Raleigh, on Monday, the Sixteenth Day of November, A. D., 1874, to Which Are Prefixed a Register of State Officers, Members of the General Assembly and Judiciary, and a List of Commissioners of Affidavits (Raleigh, NC: Josiah Turner, 1875), 18. Ratified December 8, 1874. Chapter 21—An Act in Relation to Public Arms, §§ 1-2.




Military Parades by Unauthorized Bodies Prohibited, § 88 of Chapter 165—An Act to Provide a Military Code for the State of North Dakota in Laws Passed at the Eleventh Session of the Legislative Assembly Of The State Of North Dakota (1909).

“Sec. 88. Military parades by unauthorized bodies prohibited.] No body of men, other than the regularly organized corps of the national guard and militia and the troops of the United States, shall associate themselves together as a military company or organization, or parade in public with firearms in any city or town of this state. No city or town shall raise or appropriate any money toward arming or equipping, uniforming, or in any other way supporting, sustaining or providing drill rooms or armories for any such body of men; but associations wholly composed of soldiers honorably discharged from the service of the United States or members of the order of Sons of Veterans may parade in public with firearms on Decoration Day or upon the reception of any regiments or companies of soldiers returning from such service, and for the purpose of escort duty at the burial of deceased soldiers; and students in educational institutions where military science is a prescribed part of the course of instruction may, with the consent of the governor, drill and parade with firearms in public under the superintendence of their teachers. This section shall not be construed to prevent any organization authorized to do so by law from parading with firearms, nor to prevent parades by the national guard of other states. Any person violating any provision of this section shall be deemed guilty of a misdemeanor.”

1909, ND, Chapter 165—An Act to Provide a Military Code for the State of North Dakota, § 88—Military Parades by Unauthorized Bodies Prohibited


Laws Passed at the Eleventh Session of the Legislative Assembly of the State of North Dakota Begun and Held at Bismarck, the Capital of Said State on Tuesday, the Fifth Day of January, A.D. 1909, and Concluding March Fifth, 1909 (Bismarck, ND: Tribune State Printers and Binders, 1909), 235-236. Chapter 165, H. B. No. 351, the Military Code: An Act to Provide a Military Code for the State of North Dakota, § 88. Military Parades by Unauthorized Bodies Prohibited. Approved March 6, 1909.




1923 N.D. Laws 379, 380-82

Sec. 10. SALES REGULATED. No person shall sell, deliver, or otherwise transfer a pistol or revolver to a person who he has reasonable cause to believe either is an unnaturalized foreign born person or has been convicted of a felony against the person or property of another, or against the Government of the United States or any State or subdivision thereof, nor in any event shall he deliver a pistol or revolver on the day of the application for the purchase thereof, and when delivered, said pistol or revolver shall be securely wrapped and shall be unloaded. Before a delivery be made the purchaser shall sign in triplicate and deliver to the seller a statement containing his full name, address, occupation, and nationality, the date of sale, the caliber, make, model, and manufacturer’s number of the weapon. The seller shall, within seven days, sign and forward by registered mail one copy thereof to the Secretary of State, and one copy thereof to the chief of police of the city or town, or the sheriff of the county of which the seller is a resident, and shall retain the other copy for six years. This section shall not apply to sales at wholesale. Where neither party to the transaction holds a dealer’s license, no person shall sell or otherwise transfer a pistol or revolver to any person not personally known to him. Violations of this section shall be punished by a fine of not less than $100 or imprisonment for not less than one year, or by both such fine and imprisonment.

Sec. 11. DEALERS TO BE LICENSED. Whoever, without being licensed as hereinafter provided, sells, or otherwise transfers, advertises, or exposes for sale, or transfers or has in his possession with intent to sell, or otherwise transfer, pistols or revolvers, shall be punished by imprisonment for not less than two years.

Sec. 12. DEALERS’ LICENSES: By WHOM GRANTED, AND CONDmoNs THEREOF.) The duly constituted licensing authorities of any city, town or subdivision of this state, may grant licenses in form prescribed by the Secretary of State, effective for not more than one year from date of issue, permitting the licensee to sell at retail within the said city or town or political subdivision, pistols and revolvers, subject to the following conditions, for breach of any of which the license shall be subject to forfeiture:

  1. The business shall be carried on only in the building designated in the license.
  2. The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises where it can easily be read.
  3. No pistol or revolver shall be delivered-

(a) On the day of the application for the purchase, and when delivered shall be unloaded and securely wrapped; nor

(b) Unless the purchaser either is personally known to the seller or shall present clear evidence of his identity; nor

(c) If the seller has reasonable cause to believe that the purchaser either is an unnaturalized foreign born person or has been convicted of a felony against the person or property of another, or against the Government of the United States or any State or subdivision thereof.

  1. A true record, in triplicate, shall be made of every pistol or revolver sold, said record to be made in a book kept for the purpose, the form of which may be prescribed by the Secretary of State, and shall be personally signed by the purchaser and by the person affecting the sale, each in the presence of the other, and shall include the date of sale, the caliber, make, model, and manufacturer’s number of the weapon, the name, address, occupation, and nationality of the purchaser. One copy of said record shall, within seven days, be forwarded by registered mail to the Secretary of State and one copy thereof to the chief of police of the city or town or the sheriff of the county of which the seller is a resident, and the other copy retained for six years.
  2. No pistol or revolver, or imitation thereof, or placard advertising the sale or other transfer thereof, shall be displayed in any part of said premises where it can readily be seen from the outside.

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1931 N. D. Laws 305-06, An Act to Prohibit the Possession, Sale and Use of Machine Guns, Sub-Machine Guns, or Automatic Rifles and Defining the Same . . . , ch. 178, §§ 1-2.

§ 1. The term “machine gun, sub-machine gun or automatic rifle” as used in this act shall be construed to mean a weapon mechanism or instrument not requiring the trigger be pressed for each shot and having a reservoir, belt or other means of storing and carrying ammunition which can be loaded into the said weapon, mechanism or instrument and fired therefrom at a rate of five or more shots to the second. § 2. Any person who shall sell, give, loan, furnish or deliver any machine gun, sub-machine gun, automatic rifle of a caliber larger than twenty-two, or a bomb loaded with explosives or poisonous or dangerous gases to another person, or any person who shall purchase, have or possess any machine gun, sub-machine gun¸ automatic rifle, or a caliber larger than twenty-two or a bomb loaded with explosives or poisonous or dangerous gases, shall be guilty of a felony and shall be punished by imprisonment in the state penitentiary not to exceed ten years, or by a fine of not more than three thousand dollars, or both. Provided, that the provisions of this act shall not apply to any person who has procured and possesses a license to purchase, sell, have or possess a machine gun, sub-machine gun, automatic rifle, of a caliber larger than twenty-two, or bomb loaded with explosives or poisonous or dangerous gases, as hereinafter provided for, nor to the authorized agents and servants of such licensee or to the officers and members of any duly authorized military organization, nor to the officers and members of the police force of any municipality, nor to any Sheriff, deputy sheriff, nor any other officer having police powers under the laws of the State.




1925 N.D. Laws 216–17, Pistols and Revolvers, ch. 174, § 2.

§ 2 Committing Crime When Armed. If any person shall commit, or attempt to commit, a crime when armed with a pistol or revolver, and has no permit to carry the same, he may be punished by imprisonment for not more than ten years, in addition to the punishment provided for the crime. Such imprisonment, if not exceeding one year, to be in the County jail, and if exceeding one year to be in the State Penitentiary.




1923 N.D. Laws 380, Pistols and Revolvers, ch. 266, § 6.

Sec. 6. Carrying Pistol Concealed. No person shall carry a pistol or revolver concealed in any vehicle or in any package, satchel, grip, suit case or carry in any way or upon his person, except in his dwelling house or place of business, without a license therefor as hereinafter provided. Violations of this section shall be punished by imprisonment for not less than one year, and upon conviction the pistol or revolver shall be confiscated or destroyed.




1923 N.D. Laws 380, Pistols and Revolvers, ch. 266, § 5.

Sec. 5. Aliens and Criminals Must Not Possess Arms. No unnaturalized foreign-born person and no person who has been convicted of a felony against the person or property of another or against the Government of the United States or of any State or subdivision thereof, shall own or have in his possession or under his control, a pistol or revolver. Violations of this section shall be punished by imprisonment for not to exceed five years.




1923 N.D. Laws 380, Pistols and Revolvers, ch. 266, § 2.

Sec. 2. Commiting Crime When Armed. If any person shall commit or attempt to commit a crime when armed with a pistol or revolver, and having no permit to carry the same, he shall be in addition to the punishment provided for the crime, be punished by imprisonment for not less than ten years.




1923 N.D. Laws 381, Pistols and Revolvers, ch. 266, § 9.

Sec. 9. Selling to Minors. Any person or persons who shall sell, barter, hire, lend or give to any minor under the age of eighteen years any pistol or revolver shall be deemed guilty of a misdemeanor, and shall upon conviction thereof be fined not less than $100, nor more than $1,000, or be imprisoned not less than three months, nor more than one year, or both.




1923 N.D. Laws 380–81, Pistols and Revolvers, ch. 266, § 8.

Sec. 8. Issue of Licenses to Carry. The justice of a court of record, the chief of police of a city or town and the sheriff of a county, or persons authorized by any of them shall upon the application of any person having a bonafide residence or place of business within the jurisdiction of said licensing authority, or of any person having a bona fide residence or place of business within the United States and license to carry a fire arm concealed upon his person issued by the authorities of any State or sub-division of the United States, issue a license to such person to carry a pistol or revolver within this State for not more than one year from date of issue, if it appears that the applicant has good reason to fear an injury to his person or property or for any other proper purpose, and that he is a suitable person to be so licensed . . .




1921 N.D. Laws 173, An Act to Prohibit Intoxicating Liquors and Beverages and Property Intended for Manufacture of Same; Prohibiting the Transportation of Liquor . . . , ch. 97, § 13.

Provided, however, that if the evidence in such case convinces the court that the person convicted of transporting intoxicating liquors in violation of this Act, was in charge of and used any wagon, buggy, automobile, water or aircraft, or other vehicle or conveyance not owned by him, or without permission of the owner, or when such vehicle or conveyance so sued was mortgaged property, or if there be in or upon such conveyance so used or upon any person therein any firearms, or guns, he shall be deemed guilty of a felony, and be punished by imprisonment in the penitentiary not less than six months and not more than five years.




1919 N.D. Laws 173, § 8.

Section 51 . . . is hereby amended . . . Any person traveling in any manner in any part of this state off the public highway, outside the immediate bounds of the inhabited parts of any village, town or city in possession of any kind of a shot gun, with or without a dog or dogs commonly used or kept for the purposes of hunting any game birds mentioned in this Act, from the first day of July to the fifteenth day of September (both inclusive) each year, shall be presumed to have violated or attempted to so violate the provisions of this Act as to unlawful hunting, shooting or taking of game birds, as mentioned in this Act, the hunting, taking, or shooting of which is prohibited during said time.




1915 N.D. Laws 225, An Act Relating to Game and Fish . . . , ch. 161, § 67.

It shall be unlawful for any person who is not a citizen of the United States or who has not declared his intention to become such, to hunt, shoot, capture, take, kill, trap, snare or in any manner destroy, wound or maim any wild bird or animal . . . except in defense of person or property; and to that end it shall be unlawful for any person who is not a citizen of the United States or who has not declared his intention to become such, to either own or be possessed of a shot gun or rifle of any make. Each and every person violating any provision of this Section shall upon conviction thereof, be sentenced to pay a fine of not less than twenty-five dollars, nor more than fifty dollars and costs of prosecution, or to serve not less than ten days nor more than thirty days in the county jail, or both such fine and imprisonment at the discretion of the court; provided that in addition to the before-named penalty, all guns of the before mentioned kinds found in the possession or under the control of such persons not citizens of the United States . . . shall upon conviction of such person, or upon his signing a declaration of guilt, be declared forfeited to the State of North Dakota and shall be sold as provided in this Act.




1915 N.D. Laws 96, An Act to Provide for the Punishment of Any Person Carrying Concealed Any Dangerous Weapons or Explosives, or Who Has the Same in His Possession, Custody or Control, unless Such Weapon or Explosive Is Carried in the Prosecution of a Legitimate and Lawful Purpose, ch. 83, §§ 1-3, 5.

§ 1. Any person other than a public officer, who carries concealed in his clothes any instrument or weapon of the kind usually known as a black-jack, slung-shot, billy, sand club, sand bag, bludgeon, metal knuckles, or any sharp or dangerous weapon usually employed in attack or defense of the person, or any gun, revolver, pistol or other dangerous fire arm loaded or unloaded, or any person who carries concealed nitro-glycerin, dynamite, or any other dangerous or violent explosive, or has the same in his custody, possession or control, shall be guilty of a felony, unless such instrument weapon or explosive is carried in the prosecution of or to effect a lawful and legitimate purpose. § 2. The possession, in the manner set forth in the preceeding Section, of any of the weapons or explosives mentioned therein, shall be presumptive evidence of intent to use the same in violation of this act. § 3. Penalty – Any person upon conviction of violating the provisions of this Act, shall, in the discretion of the court, be imprisoned in the State Penitentiary nor more than two years, or in the county jail not more than one year, or by a fine of not more than one hundred dollars, or by both such fine and imprisonment. Provided, however, that any citizen of good moral character may, upon application to any district court, municipal, or justice of the court, be granted the permission to carry a concealed weapon upon the showing of reasonable cause. . . . § 5. Emergency. An emergency is hereby declared to exist in that professional criminals are frequently found to carry concealed about their persons, the dangerous weapons or explosives mentioned in Section 1 of this Act. And, whereas, the present law is inadequate to prevent such criminals from carrying concealed weapons or explosives; therefore, this Act shall take effect and be in force from and after its passage and approval.




1907 N.D. Laws 179, An Act Making It a Felony for Any Person Who with Intent to Commit Any Crime Breaks into or Enters a Building and Commits or Attempts to Commit a Crime by the Use of Nitroglycerine, Dynamite, Gunpowder or Any Other High Explosive, and Providing a Penalty Therefor, ch. 124, § 1.

Any person who with intent to commit any crime, breaks into or enters a building and commits or attempts to commit a crime by the use of nitro-glycerine, dynamite, gunpowder or any other high explosive, is guilty of a felony. Any violation of this act is punishable by imprisonment in the penitentiary of this state for not less than twenty years, and not more than forty years.




1905 N.D. Laws 103, An Act for the Organization and Government of Cities, and to Provide for the Limitation of Actions to Vacate Special Assessments Heretofore Made, ch. 62, art. 4, § 47, pt. 50.

To regulate and prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine [sic], turpentine, hemp, cotton, nitroglycerine, petroleum or any of the products thereof, and other combustible or explosive material[.]




1901 N.D. Laws 133-34, An Act . . . Relating to Game and Fish, ch. 106, § 1, pts. 5, 6.

Every person who either . . . 5. Shall at any time catch or kill any of the birds permitted to be killed by this act at any time in any other manner than by shooting them with a gun held ot the shoulder by a person discharging the same; or 6. Shall at any time set, lay or prepare any traps, snare, net, bird line, medicated, drugged or poisoned food or grain, or swivel gun or any contrivance or device whatever with intent to catch, take, or kill any of the birds in this act mentioned, whether the same are caught or not . . . is guilty of a misdemeanor, and upon conviction thereof before any justice of the peace of the county, is punishable by a fine of not exceeding ten dollars . . . for each violation of subdivisions 5 or 6 of this section[.]




1899 N.D. Laws 124-25, An Act Relating to the Protection of Game and Fish, § 7, pt. 5.

Shooting or killing restricted, penalty: Every person who either . . . at any time kills or shoots any wild duck, goose, crane or brant with a swivel gun or other guns except such as is commonly shot from the shoulder, or in hunting such birds makes use of any artificial light or battery . . . Is guilty of a misdemeanor, and upon conviction thereof before any justice of the peace of the county, is punishable by a fine of not exceeding ten dollars for each of the birds mentioned in subdivisions 1, 2, 3, or 4 of this section, so shot or killed or nest or eggs so destroyed[.]




The Revised Codes of the State of North Dakota 1895 Together with the Constitution of the United States and of the State of North Dakota with the Amendments Thereto Page 1259, Image 1293 (1895) available at The Making of Modern Law: Primary Sources.

Setting Spring Gun, Trap or Device. Every person who sets any spring or other gun or trap or device operating by the firing or exploding of gunpowder or any other explosive, and leaves or permits the same to be left, except in the immediate presence of some competent person, shall be deemed to have committed a misdemeanor; and the killing of any person by the firing of a gun or other device so set shall be deemed to be manslaughter in the first degree.




The Revised Codes of the State of North Dakota 1895 Together with the Constitution of the United States and of the State of North Dakota with the Amendments Thereto Page 1299, Image 1333 (1895) available at The Making of Modern Law: Primary Sources.

[Unlawful Discharge of Firearms, § 7358. Every person who willfully discharges any species of firearm, air gun or other weapon or throws any missile in any public place or in any place where there is any person to be endangered thereby, although no injury to any person shall ensue, is guilty of a misdemeanor.]




1895 N.D. Rev. Codes 1293, Penal Code, Crimes Against the Public Health and Safety, ch. 40, §§ 7312-13.

§ 7312. Carrying or using slung shot. Every person who carries upon his person, whether concealed or not, or uses or attempts to use against another, any instrument or weapon of the kind usually known as slung shot, or of any similar kind, is guilty of a felony. § 7313. Carrying concealed weapons. Every person who carries concealed about his person any description of firearms, being loaded or partly loaded, or any sharp or dangerous weapon, such as is usually employed in attack or defense of the person, is guilty of a misdemeanor.




The Revised Codes of the State of North Dakota 1895 Together with the Constitution of the United States and of the State of North Dakota with the Amendments Thereto Page 1289, Image 1323 (1895) available at The Making of Modern Law: Primary Sources.

Keeping Explosives, § 7290. Every person who makes or keeps gunpowder, saltpeter, gun-cotton, nitroglycerine or dynamite or any compound of the same, or any fulminate or substance which is intended to be used by exploding or igniting the same, in order to produce a force to propel missiles or to rend apart substances, within any city, town or village, and any person who carries any of such explosives through the streets thereof, in any quantity or manner prohibited by law or by any ordinance, by law or regulation of said city, town or village, is guilty of a misdemeanor.




1891 N.D. Laws 193, An Act to Amend Sections 1 and 2 of Chapter 63 of the General Laws of 1883, ch. 70, § 1.

That it shall be unlawful for any person or persons to kill, ensnare or trap in any form or manner, or by any device whatever, or for any purpose, any buffalo, elk, deer, antelope or mountain sheep between the 1st day of January and the 1st day of September of each and every year. And it shall be unlawful for any person or persons, at any time, to use or employ any hound or dogs of any kind in running or driving any buffalo, elk, deer, antelope or mountain sheep, or to set any gun or guns or gun trap to be discharged upon or by, any buffalo, elk, deer, antelope or mountain sheep as driven or pursued in any manner whatever.




George H. Hand, The Revised Codes of the Territory of Dakota, A. D. 1877. Comprising the Codes and General Statutes Passed at the Twelfth Session of the Legislative Assembly, and All other General Laws Remaining in Force Page 798, Image 826 (1877) available at The Making of Modern Law: Primary Sources. (An Entry for this statute exists for both North and South Dakota because it was passed during the territorial period.)

Penal Code – Discharging Firearms, § 495. Every person who willfully discharges any species of firearms, air-gun or other weapon, or throws any other missile in any public place, or in any place where there is any person to be endangered thereby, although no injury to any person shall ensue, is guilty of a misdemeanor.




George H. Hand, The Revised Codes of the Territory of Dakota. A.D. 1877. Comprising the Codes and General Statutes Passed at the Twelfth Session of the Legislative Assembly, and All Other General Laws Remaining in Force. To Which is Prefixed the Organic Law and the Constitution of the United States Page 732-733, Image 775-776 (1880) available at The Making of Modern Law: Primary Sources. (An Entry for this statute exists for both North and South Dakota because it was passed during the territorial period.)

Duels and Challenges, § 294. Duel Defined. A duel is any combat, with deadly weapons, fought between two persons by previous agreement or upon a previous quarrel. § 295. Punishment for Fighting. Every person guilty of fighting any duel, although no death or wound ensues, is punishable by imprisonment in the territorial prison not exceeding ten years. § 296. Incapacity to Hold Office. Every person convicted of fighting a duel is thereafter incapable of holding, or being elected, or appointed to any office, place or post of trust or emolument, civil or military, under this territory. § 297. Seconds, Aids, and Surgeons. Every person who is present at the time when any duel is fought, either as second, aid or surgeon, or who advises, or gives and countenance to any duel, is punishable by imprisonment in the territorial prison not exceeding seven years. § 298. Punishment for Challenges. Every person who challenges another to fight a duel; every person who accepts any such challenge; and any person who knowingly forwards, carries or delivers any such challenge is punishable by imprisonment in the territorial prison not exceeding seven years. § 299. Challenge Defined. Any words, spoken or written, or any signs uttered or made to any person, expressing or implying, or intended to express or imply a desire, request, invitation, or demand, to fight a duel, or to meet for the purpose of fighting a duel, are deemed a challenge. § 300. Attempts to Induce Challenge. Every person guilty of sending, uttering, or making to another any words or signs whatever, with intent to provoke or induce such person to give or receive any challenge to fight a duel, is guilty of a misdemeanor. § 301. Posting for not fighting. Every person who posts or publishes another for not fighting a duel, or for not sending or accepting a challenge to fight a duel, or who uses any reproachful or contemptuous language, verbal, written, or printed, to or concerning another, for not sending or accepting a challenge to fight a duel, or with intent to provoke a duel, is guilty of a misdemeanor. § 302. Leaving Territory to Evade Laws. Every person who leaves this territory with intent to elude any of the provisions of this chapter, and to commit any act out of this territory, such as is prohibited by this chapter, and who does any act, although out of this territory, which would be punishable by said provisions, if committed within this territory, is punishable in the same manner as he would have been in case such act had been committed within this territory. § 303. Where tried. Such person may be indicted and tried in any county within this territory. § 304. Witnesses Privilege. No person shall be excused from testifying or answering any question upon any investigation or trial for a violation of either of the provisions of this chapter, upon the ground that his testimony might tend to convict him of a crime. But no evidence given upon any examination of a person so testifying shall be received against him in any criminal prosecution or proceeding.