“Chapter 54

[H. B. 79.]

Protecting Game on Lake Washington

An Act to prevent the firing of guns or the killing, entrapping, shooting, ensnaring, maiming, or molesting any of the wild birds at any season of the year upon the waters of Lake Washington, or within one mile of the shores thereof, and providing a penalty for the punishment of the violation of this act.

Be it enacted by the Legislature of the State of Washington:

Sec. 1. That it shall be unlawful to fire any gun or to kill, shoot, entrap, ensnare, maim, or destroy any wild birds at any season of the year upon the waters of Lake Washington, or within one mile of its shores, and any person who shall kill, shoot, entrap, ensnare, destroy, or maim any wild birds at any season of the year upon the waters of Lake Washington, or within one mile of the shores of said lake, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as hereinafter provided.

Sec. 2. Any person violating any of the provisions of this act shall, upon conviction thereof, be subject to a fine of not less than ten dollars nor more than one hundred dollars, together with the costs of prosecution, or imprisonment in the county jail where the offense is committed for not less than five days nor more than thirty days, or by such fine and imprisonment in the discretion of the court.

Sec. 3. Sections one and two of this act shall not apply to any person holding a certificate giving the right to take birds, their nests, or eggs, for scientific purposes, as now provided by law.”

1909, WA, Ch. 54, §§ 1-3—Protecting Game on Lake Washington

Sam H. Nichols, ed., Session Laws of the State of Washington Eleventh Session Convened January 11; Adjourned March 11, 1909: Compiled in Chapters, with Marginal Notes (Olympia, WA: E. L. Boardman, Public Printer, 1909), 98. Chapter 54 [H. B. 79.]—Protecting Game on Lake Washington: An Act to Prevent the Firing of Guns or the Killing, Entrapping, Shooting, Ensnaring, Maiming, or Molesting Any of the Wild Birds at Any Season of the Year upon the Waters of Lake Washington, or within One Mile of the Shores Thereof, and Providing a Penalty for the Punishment of the Violation of This Act. Passed by the House February 25, 1909; Passed by the Senate March 3, 1909; Approved March 6, 1909.

“Sec. 265. Dangerous Weapons—Evidence.
Every person who shall manufacture, sell or dispose of or have in his possession any instrument or weapon of the kind usually known as slung shot, sand club, or metal knuckles; shall furtively carry, or conceal any dagger, dirk, knife, pistol, or other dangerous weapon; or who shall use any contrivance or device for suppressing the noise of any fire arm, shall be guilty of a gross misdemeanor.

Sec. 266. Setting Spring Gun.
Every person who shall set a so-called trap, spring pistol, rifle, or other deadly weapon, shall be punished as follows:

1. If no injury result therefrom to any human being, by imprisonment in the county jail for not more than one year or by a fine of not more than one thousand dollars, or by both.
2. If injuries not fatal result therefrom to any human being, by imprisonment in the state penitentiary for not more than twenty years.
3. If the death of a human being results therefrom, by imprisonment in the state penitentiary for not more than twenty years.”

1909, WA, Ch. 249, Ch. 7, §§ 265-266—Dangerous Weapons & Setting Spring Gun

Sam H. Nichols, ed., Session Laws of the State of Washington Eleventh Session Convened January 11; Adjourned March 11, 1909: Compiled in Chapters, with Marginal Notes (Olympia, WA: E. L. Boardman, Public Printer, 1909), 972-973. Chapter 249—An Act Relating to Crimes and Punishments and the Rights and Custody of Persons Accused or Convicted of Crime, and Repealing Certain Acts, Chapter 7—Crimes against Public Health and Safety, §§ 265-266—Dangerous Weapons & Setting Spring Gun. In Effect June 8, 1909.

        “Sec. 1. It shall be unlawful for any person in the Territory of Oklahoma to carry concealed on or about his person, saddle, or saddle bags, any pistol, revolver, bowie knife, dirk, dagger, slung-shot, sword cane, spear, metal knuckles, or any other kind of knife or instrument manufactured or sold for the purpose of defense except as in this article provided.
        Sec. 2. It shall be unlawful for any person in the Territory of Oklahoma, to carry upon or about his person any pistol, revolver, bowie knife, dirk knife, loaded cane, billy, metal knuckles, or any other offensive or defensive weapon, except as in this article provided.
        Sec. 3. It shall be unlawful for any person within this Territory, to sell or give to any minor any of the arms or weapons designated in sections one and two of this article.
        Sec. 4. Public officers while in the discharge of their duties or while going from their homes to their place of duty, or returning therefrom, shall be permitted to carry arms, but at no other time and under no other circumstances: Provided, however, That if any public officer be found carrying such arms while under the influence of intoxicating drinks, he shall be deemed guilty of a violation of this article as though he were a private person.
        Sec. 5. Persons shall be permitted to carry shot-guns or rifles for the purpose of hunting, having them repaired, or for killing animals, or for the purpose of using the same in public muster or military drills, or while travelling or removing from one place to another, and not otherwise.
        Sec. 6. Any person violating the provisions of any one of the foregoing sections, shall on the first conviction be adjudged guilty of a misdemeanor and be punished by a fine of not less than twenty-five dollars nor more than fifty dollars, or by imprisonment in the county jail not to exceed thirty days or both at the discretion of the court. On the second and every subsequent conviction, the party offending shall on conviction be fined not less than fifty dollars nor more than two hundred and fifty dollars or be imprisoned in the county jail not less than thirty days nor more than three months or both, at the discretion of the court.
        Sec. 7. It shall be unlawful for any person, except a peace officer, to carry into any church or religious assembly, any school room or other place where persons are assembled for public worship, for amusement, or for educational or scientific purposes, or into any circus, show or public exhibition of any kind, or into any ball room, or to any social party or social gathering, or to any election, or to any place where intoxicating liquors are sold, or to any political convention, or to any other public assembly, any of the weapons designated in sections one and two of this article.
        Sec. 8. It shall be unlawful for any person in this Territory to carry or wear any deadly weapons or dangerous instrument whatsoever, openly or secretly, with the intent or for the avowed purpose of injuring his fellow man.
        Sec. 9. It shall be unlawful for any person to point any pistol or any other deadly weapon whether loaded or not, at any other person or persons either in anger or otherwise.
        Sec. 10. Any person violating the provisions of section seven, eight or nine of this article; shall on conviction, be punished by a fine of not less than fifty dollars, nor more than five hundred and shall be imprisoned in the county jail for not less than three not more than twelve months.”

1891, OK, Ch., 25—Crimes & Punishment, Art. 47—Concealed Weapons, §§ 1-10

Will T. Little, L G. Pitman, and R. J. Barker, The Statutes of Oklahoma 1890: Compiled under the Supervision and Direction of Robert Martin, Secretary of the Territory, by Will T. Little, L G. Pitman and R. J. Barker, from the Laws Passed by the That Legislative Assembly of the Territory (Guthrie, OK: The State Capital Printing Co., 1891), 495-496. Chapter 25—Crimes & Punishment, Article 47—Concealed Weapons, §§ 1-10. Undated.

“AND WHEREAS a most dangerous Method of setting Guns has too much prevailed in this Province, BE IT ENACTED by the Authority aforesaid, That if any Person or Persons within this Colony shall presume to set any loaded Gun in such Manner as that the same shall be intended to go off or discharge itself, or be discharged by any String, Rope, or other Contrivance, such Person or Persons shall forfeit and pay the Sum of Six Pounds ; and on Non-payment thereof shall be committed to the common Gaol¹ of the County for six Months.”  

1771, NJ, Acts of the General Assembly of NJ, Penalty for Setting Loaded Guns (1763-1775, N.J. Laws 346, ch. 539, § 10)

(1.) “Gaol” is an archaic Brittish spelling of the modern word “jail.” Merriam-Webster.com Dictionary, s.v. “gaol,” accessed March 28, 2023, https://www.merriam-webster.com/dictionary/gaol.

Samuel Allinson, Acts of the General Assembly of the Province of New-Jersey from the Surrender of the Government to Queen Anne, on the 17th Day of April, in the Year of Our Lord 1702, to the 14th Day of January 1776. To Which Is Annexed, the Ordinance for Regulating and Establishing the Fees of the Court of Chancery of the Said Province. With Three Alphabetical Tables and an Index, Compiled and Published under the Appointment of the General Assembly, and Compared with the Original Acts (Burlington, NJ: Isaac Collins, 1776), 346. Chapter 540, §10, “Penalty for setting loaded Guns.”

Provided however, That it shall be lawful for any person to hunt quail or partridges in said counties with a gun, between the first day of November and the first day of January of each year. But it is further provided, that it shall not be lawful to hunt upon the inclosed lands of another with a gun, as above mentioned, until written permission is first obtained from the owner or owners of such inclosed lands.

Full Text: HeinOnline (subscription required)

Sec. 1. It shall be unlawful for any person in the Territory of Oklahoma to carry concealed on or about his person, saddle, or saddle bags, any pistol, revolver, bowie knife, dirk, dagger, slung-shot, sword cane, spear, metal knuckles, or any other kind of knife or instrument manufactured or sold for the purpose of defense except as in this article provided.

Sec. 2. It shall be unlawful for any person in the Territory of Oklahoma, to carry upon or about his person any pistol, revolver, bowie knife, dirk knife, loaded cane, billy, metal knuckles, or any other offensive or defensive weapon, except as in this article provided.

Sec. 3. It shall be unlawful for any person within this Territory, to sell or give to any minor any of the arms or weapons designated in sections one and two of this article.

Sec. 4. Public officers while in the discharge of their duties or while going from their homes to their place of duty, or returning therefrom, shall be permitted to carry arms, but at no other time and under to other circumstances: Provided, however, That if any public officer be found carrying such arms while under the influence of intoxicating drinks, he shall be deemed guilty of a violation of this article as though he were a private person.

Sec. 5. Persons shall be permitted to carry shot-guns or rifles for the purpose of hunting, having them repaired, or for killing animals, or for the purpose of using the same in public muster or military drills, or while traveling or removing from one place to another, and not otherwise.

. . .

Sec. 7. It shall be unlawful for any person, except a peace officer, to carry into any church or religious assembly, any school room or other place where persons are assembled for public worship, for amusement, or for educational or scientific purposes, or into any circus, show or public exhibition of any kind, or into any ball room, or to any social party or social gathering, or to any election, or to any place where intoxicating liquors are sold, or to any political convention, or to any other public assembly, any of the weapons designated in sections one and two of this article.

Sec. 8. It shall be unlawful for any person in this Territory to carry or wear any deadly weapons or dangerous instrument whatsoever, openly or secretly, with the intent or for the avowed purpose of injuring his fellow man.

Sec. 9. It shall be unlawful for any person to point any pistol or any other deadly weapon whether loaded or not, at any other person or persons either in anger or otherwise.

. . .

SEC. 4. Be it enacted, That if any person shall presume to discharge or fire, or cause to be discharged or fired, any gun or other fire-arms at any mark or object, or upon any pretence whatever, unless he or she shall at the same time be with such gun or fire-arms at the distance of at least one-quarter of a mile from the nearest building of any such city, town, village or station, such person shall for every such offence, forfeit and pay to the use of the county in which the same shall be committed, a sum not exceeding five dollars, not less than one dollar. And if any person being with a quarter of a mile of any city, town, village or station as aforesaid, shall at the same time wilfully discharge or fire any gun or fire-arms, or cause or procure the same to be discharged or fired, at any time after the setting of the sun and before the rising of the same, he or she so offending, shall in like manner forfeit and pay to the use aforesaid, a sum not exceeding five dollars, nor less than one dollar; reserving nevertheless to any person who will inform, and sue for either of the penalties hereinbefore last mentioned within one month from the commission of the offence, a moiety of the penalty which the party offending shall on conviction be adjudged to forfeit and pay, the other moiety thereof to go to the use of the county as aforesaid; which said several penalties, or either of them, shall be recoverable with costs, before any justice, judge, or court having cognizance of the same.

Provided always, That nothing herein contained shall be deemed or construed to extend to any person lawfully using fire-arms as offensive or defensive weapons, in annoying, or opposing a common enemy, or defending his or her person or property, or the person or property of any other, against the invasion or depredations of an enemy, or in the support of the laws and government; or against the attacks of rebels, highwaymen, robbers, thieves, or others unlawfully assailing him or her, or in any other manner where such opposition, defence, or resistance is allowed by the law of the land.

Provided also, That nothing herein contained shall be construed or extend to prevent the necessary military exercise, evolutions and firings of, or the discharging of cannon or small arms, by any soldiers or troops in the service of the United States, or of this territory, being in the field, or posted in or near any city, town, village, station, garrison, fort, encampment or other place, and acting under the immediate orders or by the special direction of the officer commanding the same. Nor shall any thing herein contained by intended or construed to extend to the act of killing or destroying birds of prey, or other wild birds, and mad or wild animals of the brute kind lurking among, in or near, or preying upon or threatening to prey upon and devour any kind of animal stock, or the corn, grain, and other produce in, of or belonging to any plantation, field, garden or other place within, adjoining, or in the vicinity of any city, town, village, or station: nor to the hindrance of any person shooting at or killing any of the larger kind of game or wild animals, such as buffaloes, bears, deer, hares, rabbits, turkeys, swans, geese that may happen at any time to come in view, or be passing or feeding near any city, or, or other place as aforesaid: but every person shooting at any of such game is hereby required to discharge the ball, or balls, shot, or missile weapon so employed in a direction from such city, town, village, or station towards the country so as such ball or balls, missile weapon, or shot, shall pass by or from, and go clear of the buildings pertaining to the same.

“Art. 2. The law grants no action for the payment of what has been won at gaming or by a bet, except for games tending to promote skill in the use of arms, such as the exercise of the gun, foot, horse and chariot racing.”

It shall be unlawful for any person to take into the field or forest, or to have in his possession, while hunting wild animals or birds, any device designed to silence, muffle or minimize the report of any firearm, whether separated from or attached to such firearm. It shall be unlawful to kill or attempt to kill any deer, bear . . . except through the use of a gun propelling one ball or bullet at a single charge. Provided, however, that no ball or bullet weighing less than 87 grains may be used in taking deer, elk . . . The gun or implement used by any person in illegally killing any song or insectivorous bird is a nuisance and may be seized by any peace officer and confiscated by the warden for not more than one year.

. . . No person shall use a swivel gun nor any other firearm, except such as is commonly shot from the shoulder or hand in the hunting, killing or pursuit of game, and no such gun shall be larger than number 10 gauge.

Any person who has procured a hunting license under the provisions of Sections 2028-2032, inclusive, of the Revised Laws of Hawaii 1925, as amended, shall, while actually engaged in hunting or while going to or from the place of hunting, be authorized to carry and use any lawfully acquired rifle or shotgun and suitable ammunition therefor.

It shall be unlawful to discharge any gun, rifle, pistol, shot gun, or other firearm from any aircraft, airplane or airship while the same is in motion, with the intent or purpose to take, capture, kill or attempt to kill, capture or possess any migratory bird as described in Section 1 of this Act.

It shall be unlawful for any person to shoot any fish with a gun or other instrument in this State. It shall be unlawful for any person or throw, drop or explode any dynamite or other explosive in any of the waters of this State.

It shall be unlawful to use any silencer or noise-reducing contrivance on any gun, rifle or firearm when hunting for game or fowl, under penalty of Twenty Dollars ($20.00) for each offense.

It is hereby declared unlawful for any person to take, kill, or pursue any fish or turtle in the waters of the Territory of Hawaii by means of any firearms; provided, however, that it shall not be unlawful to use firearms in the killing of sharks.

It shall be unlawful to trap for bear or to run or hunt deer with dogs or to use while hunting any gun having a “Maxim silencer” or any other device thereon that will muffle the report of such gun, nor shall any gun be used that does not produce when discharged the usual and ordinary report.

. . . That any person who shall hunt, kill, or attempt to kill, any game bird or animal within the county limits of the County of Bartow, State of Georgia, by and with the use of an automatic, or repeating shot-gun, shall be guilty of a misdemeanor, and upon conviction shall by punished . . . .

A person engaged in hunting for game who uses, carries, or has in his possession a machine gun of any kind or description, or an automatic rifle of military type with a magazine capacity of over six cartridges, shall be fined not more than five hundred dollars nor less than fifty dollars. The presence of such a firearm in a hunting camp shall be presumptive evidence that the possessor of such a firearm has violated the provisions of this section.

. . . It is unlawful to hunt for, or catch or take or kill or wound, or attempt to catch or take or kill or wound, game of any kind, excepting raccoons, through the use of what is commonly known as an automatic gun or an automatic firearm of any kind, or a swivel gun or an air-rifle or the apparatus known as a silencer, or from an automobile or vehicle or boat or craft of any kind propelled by any mechanical power. . .

It shall be unlawful for any person to shoot wild water fowl with any shotgun of larger bore than number ten, or with any rifle or any gun which can be shot from the shoulder.

(29.22)(1) No person shall hunt game with any means other than the use of a gun held at arm’s length and discharged from the shoulder; or place, spread or set any net, pitfall, spring gun, pivot gun, swivel gun, or other similar contrivance for the purpose of catching, or which might catch, take or ensnare game . . . and no person shall carry with him in any automobile any gun or rifle unless the same is unloaded, and knocked down or unloaded and inclosed within a carrying case[.]

That any person carrying a gun in the woods, field, or on the water such as is generally used for hunting game or having in his or her possession such gun in the woods, fields, or in the water of Orange County during the closed season as prescribed by the general Game Laws of the State of Florida visible from January 31st to November 20th following each year, shall be considered in violation of the Game Laws of Florida subject to arrest, fine, and imprisonment, or both; Provided, however, that the above Act in nowise prevent any person from killing such birds or animals in his or her own community where crops or property is being destroyed by birds or animals. (A similar statute at p. 441 defines the weapons as “single barrel shot gun, double barrel shot gun, Winchester shot gun, or what is commonly known as a pump gun, Winchester rifle, or other high- powered rifle”).

No game shall be pursued, taken, wounded or killed in the night, or with a steel or hard pointed bullet or with any weapon other than an ordinary shoulder gun or pistol, and the use of high powered rifles in hunting and taking migratory game birds is hereby prohibited.

1. It shall be unlawful for any unnaturalized, foreign born resident of New Mexico, or of adjoining states, to hunt for, capture, kill or wound any wild bird or game animal within this State; and to that end it shall be unlawful for any unnaturalized, foreign born resident of New Mexico, or of the adjoining states, to use or have in his possession or under control within this State, any shotgun or rifle of any kind. 2. Possession of a shotgun or rifle of any kind at any place within this State, by an unnaturalized, foreign born resident, shall be conclusive evidence of the violation of the provisions of this act. 3. Each person violating any provisions of this act shall, upon conviction thereof, be punished by a fine of twenty-five dollars, or by imprisonment in the county jail for not more than thirty days, for each offense; Provided, that in addition to such penalty, all guns and rifles of the hereinbefore mentioned kinds found in possession or under the control of any unnaturalized foreign born resident, shall, upon conviction of such person, upon the signing of a declaration of guilt, as prescribed in this act, be forfeited to the State of New Mexico, and shall be sold by the state game warden as hereinafter directed. 4. The presence of a shotgun or rifle of any kind in any room, house, building, automobile, vehicle, tent or camp of any description within this State, owned, occupied or controlled by an unnaturalized foreign born resident shall be prima facie evidence that such gun or rifle is owned or controlled by the person owning, occupying or controlling the property in which such gun or rifle is found.

It shall be unlawful for any person to take, kill, wound or destroy any of the game fish of this State by the use of any revolver, pistol, shot gun, rifle or fire arms of any kind or nature. Any person convicted of a violation of any of the provisions of this section shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than seventy-five ($75.00) dollars or more than one hundred ($100.00) dollars or by imprisonment in the county jail for not less than 30 days or more than 6 months or by both such fine and imprisonment in the discretion of the court.