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Subject: Sentence Enhancement for Use of Weapon

N.Y., N.Y. Ordinance Ordained and Established by the Mayor, Aldermen and Commonality of the City of New-York, image 118-119 (this section starts on image 53 (1793).

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(II) And be it further enacted by the authority aforesaid, Than if any person or persons, of what age, sex, or quality soever, from and after the said first day od June next, shall fire and discharge any gun, pistol, rocket, cracker, squib or other fir...

(II) And be it further enacted by the authority aforesaid, Than if any person or persons, of what age, sex, or quality soever, from and after the said first day od June next, shall fire and discharge any gun, pistol, rocket, cracker, squib or other fire-work, in any street, lane or ally, garden or other inclosure, or from any house, or in any other place where persons frequently walk, to the southward of Fresh-Water; that then every such person or persons so offending, and being thereof convicted before on or more justice or justices of the peace for the said city and county of New York, either by the confession of the party or parties so offending, or the oath of one or more witness or witnesses, (which oath the said justice or justices of the peace is and are hereby empowered and required to administer) shall, for every such offense, forfeit the sum of twenty shillings…

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An Act in relation to Crimes and Punishment, Ch. XXII, Title II, Sec. 14, in Acts, Resolutions and Memorials Passed at the Several Annual Sessions of the Legislative Assembly of the Territory of Utah 31 (Henry McEwan 1866).

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"SEC. 14. If such oflender, at the timeof stuch robbery, is armed with a dangerous weapon, with intent, if resisted, to kill or maim the person robbed; or if, being so armed, he wound or strike the person robbed; or if lie have :lny conffederates aidin...

“SEC. 14. If such oflender, at the timeof stuch robbery, is armed with a dangerous weapon, with intent, if resisted, to kill or maim the person robbed; or if, being so armed, he wound or strike the person robbed; or if lie have :lny conffederates aiding and abetting him in such robbery present, and so armed; he shall be punished by imprisonment for a term of not exceeding twenty-five years, and not less than ten years.”

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An Act in relation to Crimes and Punishment, Ch. XXII, Title III, Sec. 48, in Acts, Resolutions and Memorials Passed at the Several Annual Sessions of the Legislative Assembly of the Territory of Utah 54 (Henry McEwan 1866).

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"Sec. 48. If such offender, at the time of committing such burglary, is armed with a dangerous weapon, or so arm himself after having entered such dwelling house, or actually assault any person being lawfully therein; or have any confeder-ates present ...

“Sec. 48. If such offender, at the time of committing such burglary, is armed with a dangerous weapon, or so arm himself after having entered such dwelling house, or actually assault any person being lawfully therein; or have any confeder-ates present aiding and abetting in such burglary, he shall be punished by impris- onment for life, or any term of years.”

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An Act in relation to Crimes and Punishment, Ch. XXII, Title VII, Sec. 102, in Acts, Resolutions and Memorials Passed at the Several Annual Sessions of the Legislative Assembly of the Territory of Utah 59 (Henry McEwan 1866).

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"SEC. 102. If any person maliciously injure, deface or destroy any building or fixture attached thereto, or wilfully and maliciously injure, destroy or secrete any goods, chattels or valuable paper of another, or maliciously, prepare any dead fall, or ...

“SEC. 102. If any person maliciously injure, deface or destroy any building or fixture attached thereto, or wilfully and maliciously injure, destroy or secrete any goods, chattels or valuable paper of another, or maliciously, prepare any dead fall, or dig any pit, or set any gun, or arrange any other trap to injure another’s person or property, he shall be imprisoned not more than one year, or fined not exceeding five hundred dollars, or both fined and imprisoned at the discretion of the court; and is liable to the party injured in a sum equal to three times the value of the property so destroyed or injured or damage sustained, in a civil action.”

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An Act Defining Crime and Punishments, Ch. 49, Sec. 3, in Revised Statutes of the Territory of Iowa (Reprint 1911)

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SEC. 3. That if any person shall, in the night season, break open and enter any mansion, house, shop, store or any other house or building whatever, boat or other water craft in which any person shall reside or dwell, and shall commit or attempt to com...

SEC. 3. That if any person shall, in the night season, break open and enter any mansion, house, shop, store or any other house or building whatever, boat or other water craft in which any person shall reside or dwell, and shall commit or attempt to commit any personal violence or abuse, or shall be so armed with any dangerous weapon, as to indicate a violent intention, the person so offending, shall upon conviction thereof, be fined in any sum not exceeding three hundred dollars. and be imprisoned in the cell or dungeon of the jail of the county, not exceeding thirty daye, at the discretion of the court.

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An Act Defining Crime and Punishments, Ch. 49, Sec. 20, in Revised Statutes of the Territory of Iowa (Reprint 1911).

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SEC. 20. If any person or persons, in this territory, shall make an assault with a deadly weapon, instrument, or other thing, with an intent to inflict upon the person of another, a bodily injury, where no considerable provocation ap- pears, or where t...

SEC. 20. If any person or persons, in this territory, shall make an assault with a deadly weapon, instrument, or other thing, with an intent to inflict upon the person of another, a bodily injury, where no considerable provocation ap- pears, or where the circumstances of the assault show an abandoned and ma- lignant heart, shall be adjudged to be a high misdemeanor, and any person who shall be duly convicted thereof, shall be fined in any sum not exceeding one thousand dollars, and imprisoned in the penitentiary, at hard labor, for a term not exceeding three years.

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An Act Defining Crime and Punishments, Ch. 49, Sec. 51, in Revised Statutes of the Territory of Iowa (Reprint 1911)

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SEC. 51. If any person shall maliciously stab or shoot any other person, with intent to kill, wound or maim such person, every person so offending, upon conviction thereof, shall be imprisoned in the penitentiary, and kept at hard labor, not more than ...

SEC. 51. If any person shall maliciously stab or shoot any other person, with intent to kill, wound or maim such person, every person so offending, upon conviction thereof, shall be imprisoned in the penitentiary, and kept at hard labor, not more than twenty nor less than one year.

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1934 N.J. Laws 394-95, A Further Supplement to an Act Entitled “An Act for the Punishment of Crimes,” ch. 155, §§ 1-5.

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1. A gangster is hereby declared to be an enemy of the state. 2. Any person in whose possession is found a machine gun or a submachine gun is declared to be a gangster; provided, however, that nothing in this section contained shall be construed to app...

1. A gangster is hereby declared to be an enemy of the state. 2. Any person in whose possession is found a machine gun or a submachine gun is declared to be a gangster; provided, however, that nothing in this section contained shall be construed to apply to any member of the military or naval forces of this State, or to any police officer of the State or of any county or municipality thereof, while engaged in his official duties. 3. Any person, having no lawful occupation, who is apprehended while carrying a deadly weapon, without a permit so to do and how has been convicted at least three times of being a disorderly person, or who has been convicted of any crime, in this or in any other State, is declared to be a gangster. 4. Any person, not engaged in any lawful occupation, known to be a member of any gang consisting of two or more persons, who has been convicted at least three times of being a disorderly person, or who has been convicted of any crime, in this or in any other State, is declared to be a gangster; provided, however, that nothing in this section contained shall in any wise be construed to include any participant or sympathizer in any labor dispute. 5. Any person convicted of being a gangster under the provisions of this act shall be guilty of a high misdemeanor, and shall be punished by a fine not exceeding ten thousand dollars ($10,000.00), or by imprisonment not exceeding twenty years, or both.

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

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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...

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 . . . .

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1931 Ill. Laws 454, An Act to Regulate the Sale, Possession and Transportation of Machine Guns, § 7.

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Any person committing or attempting to commit arson, assault, burglary, kidnapping, larceny, rioting, or robbery while armed with a machine gun shall be imprisoned in the penitentiary for his natural life, or for a term not less than five years.