Duke Center for Firearms Law
Duke Law logo
Repository of Historical Gun Laws

Year: 1871

An Act to Prevent the Carrying of Concealed Weapons, Aug. 10, 1871, reprinted in Laws of the District of Columbia: 1871-1872, Part II, 33 (1872).

| |
Ch. XXV. Be in enacted by the Legislative Assembly of the District of Columbia, That it shall not be lawful for any person or persons to carry or have concealed about their persons any deadly or dangerous weapons, such as daggers, air-guns, pistols, bowie...

Ch. XXV. Be in enacted by the Legislative Assembly of the District of Columbia, That it shall not be lawful for any person or persons to carry or have concealed about their persons any deadly or dangerous weapons, such as daggers, air-guns, pistols, bowie-knives, dirk-knives, or dirks, razors, razor-blades, sword-canes, slung-shots, or brass or other metal knuckles, within the District of Columbia; and any person or persons who shall be duly convicted of so carrying or having concealed about their persons any such weapons shall forfeit and pay, upon such a conviction, not less than twenty dollars nor more than fifty dollars, which fine shall be prosecuted and recovered in the same manner as other penalties and forfeitures are sued for and recovered: Provided, That the officers, non-commissioned officers, and privates of the United States army, navy, and marine corps, police officers, and members of any regularly organized militia company or regiment, when on duty, shall be exempt from such penalties and forfeitures.

Read More

Augustus Peck Clarke, The Charter and Ordinances of the City of Cambridge Page 120, Image 134 (1871) available at The Making of Modern Law: Primary Sources.

| |

Ordinances of The [City of Cambridge], § 30. No person shall, except in the performance of some legal duty, discharge any gun, pistol, or other firearm, within the principal inhabited parts of the city, or within fifty rods of any dwelling-house t...

Ordinances of The [City of Cambridge], § 30. No person shall, except in the performance of some legal duty, discharge any gun, pistol, or other firearm, within the principal inhabited parts of the city, or within fifty rods of any dwelling-house therein.

Read More

Amos Randall Johnston, The Revised Code of the Statute Laws of the State of Mississippi : As Adopted at January Session, A.D. 1871 Page 559-560, Image 559-560 (1871) available at The Making of Modern Law: Primary Sources.

| |

Dueling and Challenging to Fight, § 2531. Every person, who shall challenge another to fight a duel, or who shall send, deliver, or cause to be delivered, any written or verbal messages, purporting or intended to be such challenge, or who shall ac...

Dueling and Challenging to Fight, § 2531. Every person, who shall challenge another to fight a duel, or who shall send, deliver, or cause to be delivered, any written or verbal messages, purporting or intended to be such challenge, or who shall accept any such challenge or message, or who shall knowingly carry or deliver any such message or challenge, or who shall be present at the time of fighting any duel with deadly weapons, either as second, aid or surgeon, or who shall advise or give assistance to such duel, shall, on conviction thereof, be fined in a sum not less than three hundred dollars, nor exceeding one thousand dollars, or be imprisoned, not less than six months, int eh county jail, or by both such fine and [i]mprisonment. . . . § 2534. If any person shall be guilty of fighting in any village, city, town or other public place, and shall in such fight use any rifle, shot-gun, sword, sword-cane, pistol, dirk, bowie-knife, dirk-knife, or any other deadly weapon, or if any person shall be second or aid in such fight, the person so offending shall be fined not less than three hundred dollars, or shall be imprisoned, not less than three months, or punished by both such fine and imprisonment; and if any person shall be killed in such fight, the person so killing the other, may be prosecuted and convicted as in other cases of murder.

Read More

Wade Keyes, The Code of Alabama, 1876 : with References to the Decisions of the Supreme Court of the State upon the Construction of the Statutes; and in Which the General and Permenent Acts of the Session of 1876-7 have been Incorporated Page 929-30, Image 945-46 (1877) available at The Making of Modern Law: Primary Sources.

| |

Offenses Against Property. §4406 (3479). Hunting wild hogs. – Any person who, without first giving notice to at least three freeholders in the neighborhood, hunts, catches, or kills wild hogs, unmarked, with dog and gun, or with either, must...

Offenses Against Property. §4406 (3479). Hunting wild hogs. – Any person who, without first giving notice to at least three freeholders in the neighborhood, hunts, catches, or kills wild hogs, unmarked, with dog and gun, or with either, must on conviction, be fined not less than ten, nor more than one hundred dollars. § 4407 (3750). Fire-hunting. – Any person who, in the night time, hunts deer by fire, and with a gun, must on conviction, be fined not less than ten, nor more than one hundred dollars.

Read More

1871-1872 N.C. Sess. Laws 113, Priv. Laws, An Act to Incorporate the Hollywood Cemetery, ch. 72, § 4.

| |

That any person who shall willfully . . . shoot or discharge any gun or other firearms within the limits thereof shall be deemed guilty of a misdemeanor, and upon conviction before any justice of the peace of the county of Pasquotank, shall be fined at...

That any person who shall willfully . . . shoot or discharge any gun or other firearms within the limits thereof shall be deemed guilty of a misdemeanor, and upon conviction before any justice of the peace of the county of Pasquotank, shall be fined at the discretion of the court and be moreover liable to the company for the damage done by such act.

Read More

Charter and Revised Ordinances of the City of Hallowell, with Boundaries of the Wards Page 39, Image 40 (1871) available at The Making of Modern Law: Primary Sources.

| |

Revised Ordinances [of the City of Hallowell], § 32. No person shall fire or discharge any gun or pistol from the top or window of any house or other building, or in any highway, public square, common or cemetery in the city.

George Eugene Dodge, A Digest of the Laws and Ordinances of the City of Little Rock, with the Constitution of State of Arkansas, General Incorporation Laws, and All Acts of the General Assembly Relating to the City Page 230-231, Image 230-231 (1871) available at The Making of Modern Law: Primary Sources.

| |

City Ordinances, § 287. Whenever there shall be found upon the person of any one, who has been found guilty of a breach of the peace, or for conduct calculated to provoke a breach of the peace, any pistol, revolver, bowie-knife, dirk, rifle, shot ...

City Ordinances, § 287. Whenever there shall be found upon the person of any one, who has been found guilty of a breach of the peace, or for conduct calculated to provoke a breach of the peace, any pistol, revolver, bowie-knife, dirk, rifle, shot gun, slung-shot, colt, or knuckles of lead, brass or other metal; or when, upon trial, evidence shall be adduced proving that such weapons were in the possession or on the person of any one while in the act or commission of the act aforesaid, such person shall be fined not less than twenty-five nor more than five hundred dollars, in addition to the penalty for the breach of the peace aforesaid.

Read More

1871 Tex. Gen. Laws 14, An Act To Incorporate The Town Of Millican, County of Brazos, Art. 10

| |

That from and after the passage of this act it shall be unlawful to fire any pistol, rifle, shot gun, or other kind of firearms, within the limits of the town of Millican, and any person violating this act shall be fined not less than five nor more the...

That from and after the passage of this act it shall be unlawful to fire any pistol, rifle, shot gun, or other kind of firearms, within the limits of the town of Millican, and any person violating this act shall be fined not less than five nor more then twenty-five dollars…

Read More

Henry Dutton, A Revision of Swift’s Digest of the Laws of Connecticut. Also, Practice, Forms and Precedents, in Connecticut Page 564, Image 565 (Vol 1, 1871) available at The Making of Modern Law: Primary Sources.

| |

Of Trespass on the Case. A person, before he trusts a gun with an incautious person, is bound to render it perfectly innoxious. Where the defendant negligently and imprudently entrusted a loaded gun to a young mulatto girl, who discharged it against th...

Of Trespass on the Case. A person, before he trusts a gun with an incautious person, is bound to render it perfectly innoxious. Where the defendant negligently and imprudently entrusted a loaded gun to a young mulatto girl, who discharged it against the son of the plaintiff, and severely wounded him by which the plaintiff lost his service and was put to great expense for his cure, the defendant was subjected to 100 pounds damages.

Read More

1871 Tex. Laws 25, An Act to Regulate the Keeping and Bearing of Deadly Weapons.

| |

§ 1. Be it enacted by the Legislature of the State of Texas, That any person carrying on or about his person, saddle, or in his saddle bags, any pistol, dirk, dagger, slung-shot, sword-cane, spear, brass-knuckles, bowie-knife, or any other kind of...

§ 1. Be it enacted by the Legislature of the State of Texas, That any person carrying on or about his person, saddle, or in his saddle bags, any pistol, dirk, dagger, slung-shot, sword-cane, spear, brass-knuckles, bowie-knife, or any other kind of knife manufactured or sold for the purposes of offense or defense, unless he had reasonable grounds for fearing an unlawful attack on his person, and that such ground of attack shall be immediate and pressing; or unless having or carrying the same on or about his person for the lawful defense of the State, as a militiaman in actual service, or as a peace officer or policeman, shall be guilty of a misdemeanor, and on conviction thereof shall, for the first offense, be punished by fine of not less then than twenty-five nor more than one hundred dollars, and shall forfeit to the county the weapon or weapons so found on or about his person; and for every subsequent offense may, in addition to such fine and forfeiture, be imprisoned in the county jail for a term not exceeding sixty days; and in every case of fine under this section the fined imposed and collected shall go into the treasury of the county in which they may have been imposed; provided, that this section shall not be so contrued as to prohibit any person from keeping or bearing arms on his or her own premises, or at his or her own place of business, nor to prohibit sheriffs or other revenue officers, and other civil officers, from keeping or bearing arms while engaged in the discharge of their official duties, nor to prohibit persons traveling in the State from keeping or carrying arms with their baggage; provided further, that members of the Legislature shall not be included under the term “civil officers” as used in this act. § 2. Any person charged under the first section of this act, who may offer to prove, by way of defense, that he was in danger of an attack on his person, or unlawful interference with his property, shall be required to show that such danger was immediate and pressing, and was of such a nature as to alarm a person of ordinary courage; and that the weapon so carried was borne openly and not concealed beneath the clothing; and if it shall appear that this danger had its origin in a difficulty first commenced by the accused, it shall not be considered as a legal defense.

Read More