laws.show

Ch. 8—Concealed Weapons, §§ 1-9, CHICAGO, LAWS AND ORDINANCES 11, 11-13 (Law Passed, 1871; Published, 1873 Bulletin Printing).

  • Year:
  • 1871
Category:
Jurisdiction:

"CHAPTER 8.
CONCEALED WEAPONS...

    ...1. CONCEALED WEAPONS—CARRYING OF, PROHIBITED.] Ord. Aug. 17, 1871. All persons within the limits of the city of Chicago are hereby prohibited from carrying, or wearing under their clothes, or concealed about their person, any pistol, or colt, or slung shot, or cross knuckles, or knuckles of lead, brass or other metal, or bowie knife, or dirk knife, or dirk, or dag­ger, or any other dangerous or deadly weapon.
    2. PENALTY — CONFISCATION.] Any such weapon or weapons duly adjudged by any police magistrate, or justice of the peace of said city, to have been worn or carried by any person, in violation of section one of this chapter, shall be forfeited or confiscated to the said city of Chicago.
    3. FURTHER PENALTY—ARREST WITHOUT WARRANT.] Any policeman of the city of Chicago may, within the limits of said city, without a warrant, arrest any person or persons whom such policeman may find in the act of carrying or wearing under their clothes, or concealed about their persons, any pistol, or colt, or slung shot, or cross knuckles, or knuckles of lead, brass or other metal, or bowie knife, dirk knife, or dirk, or dagger, or any other dangerous or deadly weapon, and detain him, her, or them in the city jail or armory until a summons or warrant can be procured on complaint made (under oath or affirmation) for the trial of such person or persons, and for the seizure and confiscation of such of the weapons, above referred to, as such person or persons may be found in the act of carrying or wearing under their clothes, or concealed about their persons.
    4. FORTHWITH SUMMONS TO ISSUE ON COMPLAINT UPON OATH.] Upon complaint made, under oath or affirmation, to any magistrate or justice of the peace in said city, that any person has been guilty of violating any of the provisions of section one of this chapter, a summons or warrant shall issue for the summoning or arrest of the offender or offenders, returnable forthwith; upon the return of such summons or warrant, such magistrate or justice shall proceed to the hearing and determination of the matter, and if it shall be adjudged that such person or persons has or have incurred any of the penalties fixed by this chapter, such magistrate, or justice of the peace, shall order that the weapon or weapons, concerning the carrying or wearing of which such penalty shall have been incurred, shall be kept and detained until it shall be adjudged whether or not such weapon or weapons shall be confiscated to the city of Chicago.
    5. WARRANT—FORM OF.] Upon any judgment having been rendered for a violation of any of the provisions of section one of this chapter, or upon complaint made under oath or affirmation, that any such weapon or weapons has [or have] been worn or carried, or is being worn or carried, by any person or persons in violation of section one of this chapter, the magistrate, or justice of the peace acting as a police justice, or other officer authorized by law to receive such complaint shall enter the cause on his docket as follows :
    The city of Chicago vs. (here describe the weapon or weapons by general description); and shall thereupon issue a writ which shall be in form, as nearly as may be, as follows, viz. :
STATE OF ILLINOIS,1   
    COOK COUNTY.
    The city of Chicago vs. (here describe the weapon or weapons by general description).
    To _______ (here name the person accused, or who shall have been convicted as aforesaid) and all other persons interested:
    You are hereby commanded to appear before me, at my office in Chicago, No, _____ Street (which day shall not be less than ten nor more than thirty days from the date of such writ), at the hour of ___ a. m. (or p. m.), and show cause, if any you have, why the weapon described in the caption hereof shall not be confiscated to the city of Chicago, in accordance with the provisions of an ordinance concerning the carrying of concealed weapons, and the confiscation of such weapons. _______ constable, or any other constable, of said county is hereby commanded to cause due service of this writ to be made, copies thereof to be duly posted, and to make due return of this writ as required  by law; and also to seize and hold the said weapons until it shall be adjudged whether or not the same shall be confiscated to the said city of Chicago.
        Given under my hand and seal of office this ____ day of ______ A. D. ____.

                                                                               _____________.    [SEAL.]

    6. WARRANT—HOW SERVED.] The officer receiving said writ shall cause one copy of said writ to be posted, for at least five days prior to the day therein mentioned for the hearing, at the court house door of said city, one copy at the office of the justice or officer issuing said writ, and a like copy at two other public places in said city. He shall serve the person in such writ named, by leaving one copy thereof with such person or persons, and reading the same to such person or persons, at least five days before the day fixed for such hearing and shall make due return of such writ.
    7. PROCEDURE—FORM OF JUDGMENT.] Upon the return of any such writ, duly served in accordance with the preceding section, the officer issuing the same shall proceed, at the time designated in said writ, to the hearing of the cause, and shall hear all persons who may desire to be heard touching the matter; and if, upon such hearing, such magistrate or justice of the peace shall find that such weapon or weapons shall have been worn or carried in violation of section one of this chapter, he shall enter an order that the same be confiscated to the city of Chicago, and that “the same be delivered to the officer known as the custodian of stolen property,” for safe keeping.
    8. PENALTY FOR CARRYING CONCEALED WEAPON.] Any person who shall be adjudged to have violated any of the provisions of section one of this chapter shall pay a fine not exceeding one hundred dollars, or be imprisoned in the house of correction, for a term not exceeding six months, or both, in the discretion of the magistrate or court before whom such conviction shall be had.
    9. EXEMPTION AS TO POLICE FORCE.] The prohibitions of this chapter shall not apply to the officers or members of the police force of said city, when on duty."

Full Text: 1871, IL, Laws and Ordinances Governing the City of Chicago, Ch. 8—Concealed Weapons


1. There is a "}" brace, followed by the letters "ss," to the right of the words "STATE OF ILLINOIS" and "COOK COUNTY" that links them together.


Murray F. Tuley, ed., Laws and Ordinances Governing the City of Chicago (Chicago, IL: The Bulletin Printing Co., 1873), 11–13. Chapter 8—Concealed Weapons, §§ 1-9. Enacted August 17, 1871.