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Repository of Historical Gun Laws

Year: 1865

An Act in relation to Crimes and Punishment, Ch. XXII, Title II, Sec. 8, 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. 8. Whoever fights a duel with deadly weapons, and inflicts a mortal wound on his antagonist, wherefrom death ensues, is guilty of murder of the first degree, and shall be punished accordingly.”

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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1865 Fla. Laws 27, An Act Prescribing Additional Penalities For the Commission of Offenses Against the State, and for Other Purposes, Chap. 1466, § 19.

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. . . [I]t shall not be lawful for any person to hunt or range with a gun within the enclosed land or premises of another without the permission of the owner, tenant, or person having control thereof; and any person so offending shall be deemed to be g...

. . . [I]t shall not be lawful for any person to hunt or range with a gun within the enclosed land or premises of another without the permission of the owner, tenant, or person having control thereof; and any person so offending shall be deemed to be guilty of a misdemeanor, and, on conviction, shall be punished as is provided in the last forgoing section.

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1865 Ky. Acts 715, § 2.

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If any person shall shoot off a gun or pistol within the corporate limits of said town, it shall be the duty of the trustees and officers of said town to report the fact to the police judge, who shall forthwith have the person so offending arrested and...

If any person shall shoot off a gun or pistol within the corporate limits of said town, it shall be the duty of the trustees and officers of said town to report the fact to the police judge, who shall forthwith have the person so offending arrested and brought before him for trial, and, on conviction of the offense, shall be fined by said judge in a sum not to exceed ten dollars, and a forfeiture to said town of the gun or shall be the duty of said judge to have the gun or pistol so used sold at public auction, and the proceeds thereof shall be paid into the treasury of said town . . . .

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Third Edition of the Code of Virginia: Including Legislation to January 1, 1874 Page 802-803, Image 821-822 (1873) available at The Making of Modern Law: Primary Sources.

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Unlawful Hunting: Hunting on another’s land, or in the streets of a city or town, or along a public road, prohibited; penalty; how recoverable, § 5. If any person shall hunt, shoot, fowl or range with or without dogs, on the lands of another...

Unlawful Hunting: Hunting on another’s land, or in the streets of a city or town, or along a public road, prohibited; penalty; how recoverable, § 5. If any person shall hunt, shoot, fowl or range with or without dogs, on the lands of another, without the consent of the owner or tenant of such lands, or shoot along any public road, or in the streets of any town or village, in any of the counties of this commonwealth, on the lands comprehended in the survey of any proprietor, he shall be deemed guilty of a trespass, and shall be fined for each offense five dollars – the fine to be double in every instance if the offense be committed in the night or on Sunday – For the use of the owner or tenant of the lands, and for the commonwealth when the offense is committed in the public roads or in the streets of any town or village, to be recovered by warrant before any justice of the peace, together with all costs and charges attending the collection for the same, and shall moreover, forfeit as aforesaid, his gun and shooting apparatus, and his dog or dogs shall be killed if the justice shall, in his discretion, so order; and when any person shall be convicted a third time of said offense, the justice rendering judgment therefor shall require him to enter into a recognizance, with sufficient security, for his good behavior for twelve months; or, if he fail to give such security, to commit to jail for one month, unless it be sooner given, such recognizance to be forfeited if such person offend as aforesaid within the time limited in the recognizance.

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1865 Del. Laws 930, An Act to Prevent the Loading of Gunpowder Within Certain Distances of Railroads, chap. 554, § 1.

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That it shall be unlawful for any person or persons to load gunpowder of any kind into cars on any railroad in this State, within one hundred yards of the bed of the regular track used in carrying passengers, and upon conviction of any person engaged i...

That it shall be unlawful for any person or persons to load gunpowder of any kind into cars on any railroad in this State, within one hundred yards of the bed of the regular track used in carrying passengers, and upon conviction of any person engaged in participating in any way in loading or putting gunpowder of any kind into cars standing within one hundred standing within one hundred yards of the regular bed of the railroad engaged in carrying passengers in this State, he shall forfeit and pay to the State a fine of one thousand dollars and be imprisoned for the term of six months, at the discretion of the Court.

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Charter of the Village of Lansingburgh, and the By-Laws and Ordinances; Revised July 1865 Page 50, Image 51 (1865) available at The Making of Modern Law: Primary Sources.

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Ordinances of the Village of Lansinburgh, §5 It shall not be lawful for any person or persons to set fire to, or burn, or cause to be burned, any shavings, leaves, straw, chips, rubbish, barrels, boxes or other combustible materials in any street,...

Ordinances of the Village of Lansinburgh, §5 It shall not be lawful for any person or persons to set fire to, or burn, or cause to be burned, any shavings, leaves, straw, chips, rubbish, barrels, boxes or other combustible materials in any street, or alley, or upon any lot in said village, unless the same be done between the hours of sunrise and ten o’clock in the morning; nor shall any person or persons fire any cannon, gun, pistol or other fire arms, or set fire to, or burn any squib, cracker, rocket or powder (except for the purpose of blasting rocks for improvements, or trying guns in the manufacturing of them,) within the limits of said village without the consent of the president or board of trustees of said village; and every person offending against any of the provisions of this section contained shall forfeit and pay for every offence the sum of twenty dollars.

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1865 Vt. Acts & Resolves 213, An Act to Amend an Act Entitled “An Act to Incorporate the Village of Rutland,” Approved November 15, 1847, § 10.

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. . . and said fire wardens may inspect the manner of manufacturing and keeping gun-powder, lime, ashes, matches, lights, fire-works of all kinds, and other combustibles, . . . and a majority of said fire-wardens may, if they deem the same to be danger...

. . . and said fire wardens may inspect the manner of manufacturing and keeping gun-powder, lime, ashes, matches, lights, fire-works of all kinds, and other combustibles, . . . and a majority of said fire-wardens may, if they deem the same to be dangerous, order the persons manufacturing and keeping such gun powder . . . in what manner to manufacture and keep the same[.]

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