Amicus Brief: Kolbe v. Hogan (En Banc)

April 18, 2016

Everytown for Gun safety filed this amicus brief in the U.S. Court of Appeals for the Fourth Circuit to urge the full court to correct several errors made by a three-judge panel that had previously struck down a Maryland law that regulated certain semiautomatic long guns and large-capacity magazines, and to explain why Maryland’s law comports with the Second Amendment.

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No. 14–1945
In the United States Court of Appeals
for the Fourth Circuit ____________________________
STEPHEN V. KOLBE, et al.,
Plaintiffs-Appellants,
v.
LAWRENCE J. HOGAN, JR., GOVERNOR, et al.,
Defendants-Appellees.
_____________________________
On En Banc Review of an Appeal from the
United States District Court for the District of Maryland
____________________________
SUPPLEMENTAL BRIEF OF AMICUS CURIAE EVERYTOWN FOR
GUN SAFETY IN SUPPORT OF APPELLEES AND AFFIRMANCE
____________________________
J. Adam Skaggs
Mark Anthony Frasetto
EVERYTOWN FOR GUN SAFETY
P.O. Box 4184
New York, NY 10163
Deepak Gupta
Jonathan E. Taylor
Neil K. Sawhney
GUPTA WESSLER PLLC
1735 20th Street
Washington, DC 20009
(202) 888-1742
deepak@guptawessler.com
Counsel for Amicus Curiae
Everytown for Gun Safety
April 18, 2016
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08/05/2015 SCC – 1 –
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
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14-1945 Koble, et al. v. Hogan, et al.
Everytown for Gun Safety
amicus



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s/ Deepak Gupta April 18, 2016
Everytown for Gun Safety
April 18, 2016
s/ Deepak Gupta April 18, 2016
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i
TABLE OF CONTENTS
Table of authorities……………………………………………………………………………………… ii
Introduction and interest of amicus curiae…………………………………………………………. 1
Argument…………………………………………………………………………………………………… 3
I. The Second Amendment does not guarantee access to assault
weapons and large-capacity magazines……………………………………………. 3
A. The panel’s “common use” test is illogical and
unprecedented…………………………………………………………………… 3
B. The plaintiffs have not shown that the regulated weapons
are commonly used or are reasonably necessary for selfdefense,
and that adequate alternatives are unavailable………….. 9
II. History confirms that the Second Amendment does not guarantee
access to assault weapons and large-capacity magazines. …………………. 16
Conclusion ……………………………………………………………………………………………….. 20
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TABLE OF AUTHORITIES
Cases
American Legion Post 7 v. City of Durham,
239 F.3d 601 (4th Cir. 2001) ……………………………………………………………………. 11
Caetano v. Massachusetts,
— S. Ct. —, 2016 WL 1078932 (Mar. 21, 2016) …………………………………………. 5
District of Columbia v. Heller,
554 U.S. 570 (2008)…………………………………………………………………………….passim
Friedman v. City of Highland Park,
784 F.3d 406 (7th Cir. 2015) ………………………………………………………………..passim
Fyock v. Sunnyvale,
779 F.3d 991 (9th Cir. 2015) ……………………………………………………………………. 16
Heller v. District of Columbia,
670 F.3d 1244 (D.C. Cir. 2011) ………………………………………………………… 1, 9, 13
Heller v. District of Columbia,
801 F.3d 264 (D.C. Cir. 2015) …………………………………………………………………. 15
Jackson v. City & County of San Francisco,
746 F.3d 953 (9th Cir. 2014) ……………………………………………………………………… 7
Kovacs v. Cooper,
336 U.S. 77 (1949)………………………………………………………………………………….. 15
McDonald v. City of Chicago,
561 U.S. 742 (2010)………………………………………………………………………………. 7, 8
N.Y. State Rifle & Pistol Association, Inc. v. Cuomo,
804 F.3d 242 (2d Cir. 2015) ………………………………………………………… 1, 3, 15, 16
Reynolds v. Middleton,
779 F.3d 222 (4th Cir. 2015) ……………………………………………………………………. 11
United States v. Chester,
628 F.3d 673 (4th Cir. 2010) ………………………………………………………………. 11, 16
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United States v. Decastro,
682 F.3d 160 (2d Cir. 2012) ……………………………………………………………….. 12, 15
United States v. Marzzarella,
614 F.3d 85 (3d Cir. 2010) ………………………………………………………………………. 16
United States v. Skoien,
614 F.3d 638 (7th Cir. 2010) (en banc) ………………………………………………… 16, 17
Statutes
1837 Ala. Acts 7, § 1 ………………………………………………………………………………….. 20
1838 Tenn. Pub. Acts 200, ch. 137 ……………………………………………………………… 20
1879 Tenn. Pub. Acts 135, ch. 96 § 1…………………………………………………………… 20
1881 Ark. Acts 191 ……………………………………………………………………………………. 20
1883 Tenn. Pub. Acts 17 ……………………………………………………………………………. 20
1893 Fla. Laws 71, chap. 4147 ……………………………………………………………………. 18
1903 S.C. Sess. Laws 127, § 1……………………………………………………………………… 20
1907 Ala. Laws 80, § 1……………………………………………………………………………….. 20
1909 Me. Laws 141……………………………………………………………………………………. 20
1912 Vt. Acts and Resolves 310, § 1…………………………………………………………….. 20
1913 Minn. Laws 55 ………………………………………………………………………………….. 20
1927 Mich. Pub. Acts 888, § 3…………………………………………………………………….. 17
1927 R.I. Pub. Laws 256, §§ 1, 4 …………………………………………………………………. 17
1931 Ill. Laws 452, § 1 ……………………………………………………………………………….. 19
District of Columbia Dangerous Weapons Act,
47 Stat. 650 (1932), ch. 465, §§ 1, 14…………………………………………………………. 18
1932 La. Acts 336, § 1………………………………………………………………………………… 19
1933 Cal. Acts 1169…………………………………………………………………………………… 18
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1933 Minn. Laws 231 ………………………………………………………………………………… 18
1933 Ohio Laws 189………………………………………………………………………………….. 18
1933 S.D. Sess. Laws 245, § 1……………………………………………………………………… 19
1933 Tex. Gen. Laws 219, § 1 …………………………………………………………………….. 19
1934 S.C. Acts 1288, § 1…………………………………………………………………………….. 19
1934 Va. Acts 137, §§ 1(a), 4(d)……………………………………………………………………. 18
Legislative Materials
H.R. Rep. 103-489 (1994) ……………………………………………………………………………. 4
S. Rep. No. 575 (1932)……………………………………………………………………………….. 19
Books and articles
Joseph Blocher & Darrell A.H. Miller, Lethality, Public Carry, and Adequate
Alternatives, 53 Harv. J. on Legis. 279 (2016)……………………………………………passim
Cody J. Jacobs, End the Popularity Contest, 84 Tenn. L. Rev. 231 (2015) ………… 4, 6, 8
Report of Firearms Committee, 38th Conference Handbook of the National
Conference on Uniform State Laws and Proceedings of the Annual
Meeting (1928)……………………………………………………………………………………….. 19
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INTRODUCTION AND INTEREST OF AMICUS CURIAE
Everytown for Gun Safety is the nation’s largest gun-violence-prevention
organization, with over three million supporters—including the mayors of cities
across the country and a network of more than 1,000 survivors of gun violence who
are leaders in campaigns to support common-sense gun laws in their communities.
Everytown has drawn on its expertise to file briefs in several Second Amendment
cases, offering historical and doctrinal analysis that might otherwise be overlooked.
See, e.g., Peruta v. San Diego, No. 10-56971 (9th Cir.) (en banc); Wrenn v. District of
Columbia, No. 15-7057 (D.C. Cir.). It seeks to do the same here.
1
This case involves a challenge to a Maryland law regulating large-capacity
magazines and semiautomatic long guns with certain military-style features (guns
that the law refers to as assault weapons). Three other circuits have heard
challenges to similar laws, and all three upheld the laws as constitutional under the
Supreme Court’s decision in District of Columbia v. Heller, 554 U.S. 570 (2008). See
N.Y. State Rifle & Pistol Ass’n, Inc. v. Cuomo, 804 F.3d 242 (2d Cir. 2015) (NYSRPA);
Friedman v. City of Highland Park, 784 F.3d 406 (7th Cir. 2015); Heller v. District of
Columbia, 670 F.3d 1244 (D.C. Cir. 2011) (Heller II). A panel of this Court, however,
disagreed. By a bare majority, it produced an extreme, unprecedented opinion
1 An addendum of historical gun laws accompanies this brief. All parties
consent to the filing of this brief, and no counsel for any party authored it in whole
or part. Apart from amicus curiae, no person contributed money intended to fund the
brief’s preparation and submission.
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that, if adopted by the full Court, would gravely imperil legislators’ ability to enact
laws they deem necessary to protect their constituents.
Everytown files this brief to highlight three errors in the panel’s analysis, and
to explain why Maryland’s law comports with the Second Amendment. First, the
panel erected a dangerous and illogical rule under which firearms become
effectively immune from regulation as soon as they are deemed in “common use”
based on nationwide sales and manufacturing figures. The panel’s market-share
“common use” test divorces the Second Amendment from the self-defense right it
protects, and cannot be reconciled with either the Supreme Court’s decision in
Heller or the circuit decisions addressing the issue. Indeed, the Seventh Circuit
expressly rejected this theory of “common use” as circular, and the D.C. Circuit
implicitly rejected it in favor of a test more closely linked to the core Second
Amendment right recognized in Heller: “the right of self-defense.” 554 U.S. at 632.
Second, the panel failed to hold the plaintiffs to their burden of showing that
the law substantially restricts their ability to defend themselves with firearms. The
plaintiffs already own semiautomatic firearms, and Maryland’s law allows them to
keep those weapons for self-defense. The plaintiffs have not put forth any evidence
showing that these weapons (and the hundreds of firearm models that Maryland
permits) are inadequate for self-defense. Nor have they shown that the regulated
firearms are reasonably necessary for self-defense.
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Third, the panel overlooked a century’s worth of semiautomatic-weapon
regulations, some of them even more restrictive than Maryland’s law. These
regulations—which even the National Rifle Association endorsed at the time—
confirm that the law is consistent with the historical understanding of the Second
Amendment, and is thus constitutional under Heller.
ARGUMENT
I. The Second Amendment does not guarantee access to assault
weapons and large-capacity magazines.
A. The panel’s “common use” test is illogical and
unprecedented.
The Supreme Court held in Heller that the Second Amendment protects “the
right of law-abiding, responsible citizens to use arms in defense of hearth and
home,” but does not guarantee “a right to keep and carry any weapon whatsoever
in any manner whatsoever and for whatever purpose.” 554 U.S. at 626, 635. It
does not protect, for example, civilian access to the highly dangerous “weapons
that are most useful in military service—M–16 rifles and the like”—which, the
Court made clear, “may be banned.” Id. at 627; see NYSRPA, 804 F.3d at 256
(“Heller expressly highlighted” that “the fully automatic M–16 rifle” could be
prohibited “without implicating the Second Amendment.”); Friedman, 784 F.3d at
408. At stake in this case is whether the result should be different for weapons that,
in the judgment of Maryland’s legislature, have the capacity to be nearly as
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dangerous as the M–16, and that a prior Congress determined are “virtually
indistinguishable in practical effect” from those that Heller found unprotected. H.R.
Rep. 103-489 at 18 (1994).
The panel offered only one reason why the result should differ: because
semiautomatic weapons with military features are “commonly possessed by lawabiding
citizens for self-defense and other lawful purposes,” whereas the M–16 is
not commonly used because the federal government effectively prohibited its
civilian use in 1986. Panel Op. 38. But the assault weapons that Maryland law
regulates “constitute no more than 3% of the civilian gun stock, and ownership of
such weapons is concentrated in less than 1% of the U.S. population.” Id. at 70
(King, J., dissenting). That is a far cry from the absolute prohibition on handguns
at issue in Heller.
It is anything but clear that these figures are enough to constitute “common
use.” “[W]hat line separates ‘common’ from ‘uncommon’ ownership is something
[Heller] did not say.” Friedman, 784 F.3d at 409 (finding “uncertainty” as to whether
assault weapons are “commonly owned” based on sales totals); see generally Cody J.
Jacobs, End the Popularity Contest, 84 Tenn. L. Rev. 231 (2015), at
http://bit.ly/1gVsyGZ. Like Heller, the panel majority’s opinion is silent on what
numerical threshold must be reached before a firearm achieves “common use”
sufficient to be constitutionally immune from regulation. If a million people own a
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particular weapon, is that enough? How about a few hundred thousand? See, e.g.,
Caetano v. Massachusetts, — S. Ct. —, 2016 WL 1078932, at *6 (Mar. 21, 2016)
(Alito, J., concurring) (expressing his view that a weapon owned by 200,000
people—or .06% of the American population—is in common use). Is it a regional
test or a national test? Does it look to ownership numbers or manufacturing
numbers? If a survey revealed that half a million people own firearms without serial
numbers, would the federal serialization requirement suddenly become
unconstitutional because unmarked firearms are in common use? If not, why not?
Neither the plaintiffs nor the panel have answered any of these questions.
More fundamentally, “relying on how common a weapon is at the time of
litigation [is] circular.” Panel Op. 72 (King, J., dissenting) (quoting Friedman, 784
F.3d at 409). As Judge Easterbrook pointed out in upholding a similar law, “it
would be absurd to say that the reason why a particular weapon can be banned is
that there is a statute banning it, so that it isn’t commonly owned. A law’s existence
can’t be the source of its own constitutional validity.” Id.; see also Joseph Blocher &
Darrell A.H. Miller, Lethality, Public Carry, and Adequate Alternatives, 53 Harv. J. on
Legis. 279, 288–89 (2016) (discussing the “central circularity” that plagues common
use: “what is common depends largely on what is, and has been, subject to
regulation”).
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Consider just some of the absurd results that the panel’s market-share
“common use” test would produce. By focusing on total sales and manufacturing
figures, the test would give the firearms industry “the ability to unilaterally make
new [highly dangerous] firearms protected simply by manufacturing and heavily
marketing them” before the government has had the chance to assess their danger
and determine whether to regulate them. Jacobs, End the Popularity Contest, at 33. On
this theory, once gun manufacturers ensure that a particular gun has achieved
whatever market penetration is enough to make it “common,” that type of gun
would then become constitutionally immune from regulation. Id. If that were the
law, it would “put[] a great deal of power”—constitutional power—“into the hands
of gun manufacturers.” Id. at 36.
By doing so, it would create perverse incentives for manufacturers to
overproduce the very types of firearms that most warrant regulatory attention, and
to flood the market with firearms possessing new—and potentially dangerous—
technology before regulators could assess their safety. That would undoubtedly
“hinder efforts to require consumer safety features on guns.” Id. Given the
emergence of new firearm technology (like 3-D-printed gun components
undetectable using traditional methods), and given the inevitability of future
technological developments, the panel’s common-use theory, if endorsed by this
Court, would pose serious threats to public safety. Id.
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And that is to say nothing of the federalism consequences of adopting a test
that looks to nationwide manufacturing and sales totals. Under that test, whenever
a new, potentially dangerous firearm feature became available, states would either
have to prohibit it immediately, and in unison, or else forfeit their ability to do so
going forward. If some states chose to gather more information before regulating,
or if their citizens simply had a different position on gun policy, those legislative
policy judgments would have constitutional effect far beyond those states’ borders.
Legislators’ decisions in some parts of the country, however, should not
make laws in other parts any “more or less open to challenge under the Second
Amendment.” Friedman, 784 F.3d at 408. If they did, that “would imply that no
jurisdiction other than the United States as a whole can regulate firearms. But
that’s not what Heller concluded.” Id. at 412. Because our Constitution “establishes
a federal republic where local differences are cherished as elements of liberty,”
federalism is “no less part of the Constitution than is the Second Amendment.” Id.
The Supreme Court’s decision in Heller (as applied to the states in McDonald v. City
of Chicago, 561 U.S. 742 (2010)) “does not foreclose all possibility of
experimentation” by state and local governments, Friedman, 784 F.3d at 412, but
rather permits them to do what they have long done in the realm of firearm
legislation: “experiment with solutions to admittedly serious problems,” Jackson v.
City & Cnty. of San Francisco, 746 F.3d 953, 970 (9th Cir. 2014); see also McDonald,
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561 U.S. at 784 (noting that “[s]tate and local experimentation with reasonable
firearms regulations will continue under the Second Amendment”). The panel’s
test would eviscerate their ability to do so.
At the same time, the panel’s test also has the potential to underprotect the
Second Amendment right by “creat[ing] an incentive for governments that are
interested in restricting access to firearms”—like a future Congress, perhaps—“to
ban new weapons completely before they can become popular,” even if those
weapons would be “very effective for self-defense.” Jacobs, End the Popularity Contest,
at 34. But, as scholars have remarked, “[i]f heavy regulation can prevent a weapon
from becoming a constitutionally protected ‘Arm,’ then the Second Amendment
right seems hollow indeed.” Blocher & Miller, Lethality, at 288.
The rights enumerated in our Constitution protect individual liberty by
restraining the power of popularly elected legislators. Yet the panel’s constitutional
theory would give policymakers (as well as private industry) unprecedented power
to define the scope of the Second Amendment right—either by broadening it or by
narrowing it. That cannot be the law.
To see why, suppose that in 2004 Congress had renewed the federal
prohibition on large-capacity magazines and assault weapons, rather than let it
lapse. Had Congress made that policy decision, those weapons would not be in
common use today, and thus would not be protected on the panel’s market-share
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theory. The answer should not be any different because Congress instead decided
to let the law lapse. A single twenty-first-century legislative decision should not
dictate whether a different legislative judgment made a decade later comports with
the Second Amendment. Yet that is the upshot of the panel’s common-use theory.
B. The plaintiffs have not shown that the regulated weapons
are commonly used or are reasonably necessary for selfdefense,
and that adequate alternatives are unavailable.
To the extent that “common use” should play any role in the constitutional
analysis outside the context of a total prohibition on a class of arms (like the
handgun prohibition at issue in Heller), it should be tied to “the purpose of the right
to keep and bear arms.” Blocher & Miller, Lethality, at 291. The test should focus, in
other words, on whether the regulated firearms are commonly used or are
reasonably necessary for self-defense, which Heller holds is the core of the right. See
554 U.S. at 635. The D.C. Circuit, in upholding a similar law, has adopted that
approach and implicitly rejected the panel’s market-share common-use test. See
Heller II, 670 F.3d at 1261. This Court should follow the D.C. Circuit’s lead and
should instead ask whether assault weapons “are commonly used or are useful
specifically for self-defense.” Id.
This formulation of “common use” is more consistent with Heller than the
panel’s broad theory of common use, which considers any purpose that is not
unlawful. The Supreme Court in Heller struck down Washington, D.C.’s handgun
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law because it “amount[ed] to a prohibition of an entire class of ‘arms’ that is
overwhelmingly chosen by American society for th[e] lawful purpose” of “self-defense.”
554 U.S. at 628 (emphasis added). And the Court gave “many reasons” for why
“the American people have considered the handgun to be the quintessential selfdefense
weapon,” including portability and flexibility, and hence why access to
long guns (which D.C.’s law permitted) was not an adequate alternative. Id. at 629;
see Friedman, 784 F.3d at 411 (“Heller held that the availability of long guns does not
save a ban on handgun ownership,” while listing “some of the reasons, including
ease of accessibility and use, that citizens might prefer handguns to long guns for
self-defense.”).
The panel, by contrast, did nothing of the sort. Although it asserted that
large-capacity magazines and assault weapons are “commonly possessed by lawabiding
citizens for self-defense,” it did not cite any evidence to support that
assertion beyond total manufacturing and sales figures. Panel Op. 38; see id. at 21–
22. Nor did it explain why military-style features (like grenade launchers) are
reasonably necessary for self-defense.
Had the panel applied the proper test—asking whether large-capacity
magazines and assault weapons are commonly used for or are reasonably necessary
for self-defense—it would have upheld Maryland’s law. The plaintiffs in this case
have put forth no evidence establishing that these weapons are commonly used for
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self-defense. Nor is there any evidence that the law substantially restricts the
plaintiffs’ ability to defend themselves, or that the weapons are reasonably
necessary for self-defense. To the contrary, the law leaves in place ample
alternatives for self-defense, and is thus constitutional.
1. There is no evidence that the regulated weapons are commonly
used for self-defense. For starters, “[t]here is no known incident of anyone in
Maryland using an assault weapon for self-defense.” Panel Op. 71 (King, J.,
dissenting). And the plaintiffs have not produced any evidence showing that these
weapons are commonly used for self-defense in other states. If there is no evidence
that a weapon has ever been used for self-defense, then there can be no evidence
that it is commonly used for that purpose.
2. The plaintiffs have not proved that the law substantially
restricts their self-defense right. Nor have the plaintiffs shown that the law
burdens their particular “right of self-defense.” Heller, 554 U.S. at 632. As in the
First Amendment context, which this Court has looked to in crafting its Second
Amendment jurisprudence, see United States v. Chester, 628 F.3d 673, 682 (4th Cir.
2010), the plaintiffs should bear “the initial burden of proving” that the law
“restrict[s]” protected conduct, Reynolds v. Middleton, 779 F.3d 222, 226 (4th Cir.
2015); see also Am. Legion Post 7 v. City of Durham, 239 F.3d 601, 606 (4th Cir. 2001).
The plaintiffs must therefore establish that Maryland’s law “operate[s] as a
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substantial burden” on their ability to defend themselves, United States v. Decastro,
682 F.3d 160, 166 (2d Cir. 2012), by “substantially restrict[ing] their options for
armed self-defense,” Friedman, 784 F.3d at 411.
They have not done so. Andrew Turner, one of two individual plaintiffs,
claims that his self-defense right has been infringed because he “intend[s] on
assembling AR-15 style long guns for [his] own personal use,” and Maryland’s law
prevents him from doing so. JA 1855. But he already owns three assault weapons
and a “full-size semiautomatic handgun,” JA 1855, and the law does not in any
way restrict his ownership, possession, or use of these weapons for self-defense
purposes. He has not provided any evidence showing how the law imposes any
substantive burden on his self-defense right, or why a fourth assault weapon is
reasonably necessary for his self-defense.
The other individual plaintiff, Stephen Kolbe, also “own[s] one full-size
semiautomatic handgun.” JA 1851. He says he wants to purchase an assault
weapon to add to his handgun because it “possess[es] features which make [it] ideal
for self-defense in the home.” Id. But he does not explain what those features are or
whether they are available on other firearms that Maryland permits. Nor does he
claim (much less show) that the semiautomatic model he currently owns—in
addition to the hundreds of guns that he may lawfully purchase in Maryland—is
inadequate for self-protection.
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True, the plaintiffs have submitted evidence supporting the notion that long
guns as a category have certain advantages over handguns that may be useful for selfdefense
purposes. See, e.g., JA 2131 (“handguns are inherently less accurate than
long guns”); JA 2179–80 (comparing long guns to handguns); but see Heller, 554 U.S.
at 628–29 (explaining that “the American people have considered the handgun”—
not the long gun—“to be the quintessential self-defense weapon”). But Maryland’s
law does not prohibit all long guns, all rifles, or even all semiautomatic rifles.
Rather, it prohibits only those semiautomatic rifles with certain military-style
features (like grenade launchers, flare launchers, and flash suppressors) that
Maryland’s legislature has concluded are especially dangerous.
3. The plaintiffs have not shown that the regulated weapons are
reasonably necessary for self-defense. When it comes to showing that assault
weapons are reasonably necessary for self-defense—that is, “useful specifically for
self-defense,” Heller II, 670 F.3d at 1261—the plaintiffs offer nothing but
conjecture. There is evidence in the record, for example, speculating that these
weapons are more effective for self-defense because they are “more intimidating”
than other firearms, and because criminals might have them, and people should be
able to fight fire with fire. JA 2130; id. (“If a citizen is confronted by a criminal
armed with an ‘assault weapon’ and a large capacity magazine it is unreasonable to
require that citizen to defend herself with anything less than an ‘assault weapon’
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14
and a large capacity magazine.”). But that logic has no stopping point. See Blocher
& Miller, Lethality, at 289 (describing the “arms race” and “one-way ratchet”
problem that would ensue on this constitutional theory: “Because the bad guys
carry pistols, civilians need pistols; because the bad guys carry AR-15s (to counter
the pistols), civilians need AR-15s; and so on”). And even if one might be able to
conjure up scenarios in which military-style features might be useful for selfdefense,
speculation alone cannot render the judgment of Maryland’s legislature
unconstitutional. The plaintiffs have not presented any evidence that assault
weapons are reasonably (or even plausibly) necessary for self-defense, and thus
cannot succeed in their challenge.
Nor have the plaintiffs shown that large-capacity magazines are reasonably
necessary for self-defense. Although they have put forth evidence hypothesizing
that 12 rounds (rather than 10) might be required to stop an intruder, see JA 2179,
they have not shown that someone has ever actually needed to use that many
rounds for self-defense. Again, unsupported speculation is not sufficient to override
the judgment of the people’s elected representatives. And this logic too is limitless,
for one could just as easily speculate that a 20-round magazine, or a 100-round
drum, could (in some imaginable scenario) be needed for self-defense.
4. The law leaves ample alternatives for armed self-defense. The
plaintiffs have not only failed to establish that the law makes it “considerably more
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15
difficult” for them “to acquire and keep a firearm . . . for the purpose of self-defense
in the home,” Heller v. District of Columbia, 801 F.3d 264, 274 (D.C. Cir. 2015) (Heller
III); they have also come up short on showing that the law leaves them without
“adequate alternatives . . . to acquire a firearm for self-defense,” Decastro, 682 F.3d
at 168; see Friedman, 784 F.3d at 410–11 (finding that a similar prohibition leaves
citizens “ample means to exercise the ‘inherent right of self-defense’ that the
Second Amendment protects”); NYSRPA, 804 F.3d at 259 (holding that there is no
“substantial burden” on the Second Amendment right “if adequate alternatives
remain for law-abiding citizens to acquire a firearm for self-defense”).
Just as, in the First Amendment context, the Supreme Court “famously
upheld a prohibition on mobile loudspeakers in public streets, because their voice
caused a nuisance to others, and because various other avenues—‘voice,’
‘pamphlets,’ ‘newspapers’—were adequate to communicate the message,” this
Court should uphold Maryland’s law because ample other avenues for armed selfdefense
remain available. Blocher & Miller, Lethality, at 291 (discussing Kovacs v.
Cooper, 336 U.S. 77, 88 (1949)). The underlying value that the First Amendment
protects is “conveying ideas,” not “autonomous choice.” Id. And the underlying
value that the Second Amendment protects, according to Heller, is self-defense for
purposes of personal safety. Adequate alternatives remain available in Maryland
for that purpose, and the plaintiffs have not shown otherwise.
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16
II. History confirms that the Second Amendment does not guarantee
access to assault weapons and large-capacity magazines.
A historical assessment confirms that Maryland’s law is constitutional. A law
does not violate the Second Amendment if it does not infringe “conduct that was
within the scope of the Second Amendment as historically understood.” Chester, 628
F.3d at 680. Put differently, “longstanding prohibitions” fall outside the scope of
the right; they are treated as tradition-based “exceptions” by virtue of their
“historical justifications.” Heller, 554 U.S. at 627, 635; see Fyock v. Sunnyvale, 779
F.3d 991, 997 (9th Cir. 2015) (“[L]ongstanding prohibitions . . . fall outside of the
Second Amendment’s scope.”); United States v. Marzzarella, 614 F.3d 85, 91 (3d Cir.
2010) (“[L]ongstanding limitations are exceptions to the right to bear arms.”);
NYSRPA, 804 F.3d at 258 n.76 (concluding same).
To qualify as longstanding under Heller, a regulation need not “mirror limits
that were on the books in 1791” (or for that matter, 1868). United States v. Skoien, 614
F.3d 638, 641 (7th Cir. 2010) (en banc); see also United States v. Booker, 644 F.3d 12,
23 (1st Cir. 2011) (“[T]he legislative role did not end in 1791.”). To the contrary,
even “early twentieth century regulations” may qualify as longstanding. Fyock v.
Sunnyvale, 779 F.3d 991, 997 (9th Cir. 2015). For example, “Heller deemed a ban on
private possession of machine guns to be obviously valid” even though “states
didn’t begin to regulate private use of machine guns until 1927,” and Congress
didn’t begin “regulating machine guns at the federal level” until 1934. Friedman,
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17
784 F.3d at 408. Heller also considered “prohibitions on the possession of firearms
by felons and the mentally ill” to be sufficiently longstanding, 554 U.S. at 626–27 &
n.26, even though they too “are of 20th Century vintage,” Skoien, 614 F.3d at 640–
41 (explaining that [t]he first federal statute disqualifying felons from possessing
firearms was not enacted until 1938,” while “the ban on possession by all felons
was not enacted until 1961”). Because states have regulated semiautomatic
weapons for nearly a century, Maryland’s law is consistent with our “historical
tradition,” and constitutional under Heller. 554 U.S. at 627.
States have restricted access to semiautomatic firearms since they first
became common at the turn of the twentieth century, often regulating them—
along with fully automatic weapons—as “machine guns.” Some of these restrictions
were in essence total prohibitions, and hence significantly broader than Maryland’s
law, which “reaches only a particular subset of semiautomatic long guns with
military features.” En Banc Pet. 11. A 1927 Rhode Island law, for instance,
prohibited the “manufacture, s[ale], purchase or possess[ion]” of a “machine gun,”
defined as “any weapon which shoots more than twelve shots semi-automatically
without reloading.” 1927 R.I. Pub. Laws 256, §§ 1, 4; see also 1927 Mich. Pub. Acts
888, § 3 (prohibiting “any machine gun or firearm which can be fired more than
sixteen times without reloading”). Likewise, in 1933, California made it a felony to
possess “any firearms of the kind commonly known as a machine gun,” defined as
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18
any firearm “which [is] automatically fed after each discharge.” 1933 Cal. Acts
1169. That same year, Minnesota did the same. 1933 Minn. Laws 231.
Other states subjected semiautomatic weapons to much stricter regulation
than other firearms, often with requirements that were so onerous as to be
tantamount to a prohibition. Ohio, for example, made it a felony to “possess” any
“semi-automatic[]” firearm without a permit, which required the applicant to
deposit a $5,000 bond. 1933 Ohio Laws 189; see also 1893 Fla. Laws 71, chap. 4147
(making it a crime “to carry or own a Winchester or other repeating rifle” that
could fire multiple rounds without reloading, absent a license and a $100 bond).
And Virginia, in 1934, made it illegal for residents to “[p]ossess[] or use” any gun
“from which more than sixteen shots or bullets may be . . . semiautomatically or
otherwise discharged without reloading” if ammunition was “in the immediate
vicinity thereof.” 1934 Va. Acts 137, §§ 1(a), 4(d).
Around the same time, Congress enacted a law “[t]o control the possession,
sale, transfer, and use of pistols and other dangerous weapons in the District of
Columbia,” making it a crime to “possess any machine gun,” defined as “any
firearm which shoots . . . semiautomatically more than twelve shots without
loading.” 47 Stat. 650 (1932), ch. 465, §§ 1, 14. Notably, the National Rifle
Association “urged” enactment of this law, writing to the bill’s sponsor:
It is our earnest hope that your committee will speedily report the bill
favorably to the Senate as it is our desire this legislation be enacted for
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19
the District of Columbia, in which case it can then be used as a guide
throughout the States of the Union, some seven or eight of which have
already enacted similar legislation.
S. Rep. No. 575, at 4–6 (1932). The NRA’s endorsement was emblematic of a
wider consensus on prohibiting certain semiautomatic weapons. Both the 1927
National Crime Commission Firearm Act and the 1928 Uniform Firearms Act, for
example, criminalized possession of “any firearm which shoots more than twelve
shots semi-automatically without reloading.” Report of Firearms Committee, 38th
Conference Handbook of the National Conference on Uniform State Laws and
Proceedings of the Annual Meeting 422–23 (1928).
Throughout this period, legislatures also specifically regulated magazine size
(in the context of laws regulating machine guns), adopting requirements that were
stricter than Maryland’s 10-round limit. To take just a few examples: South Dakota
and Texas had a five-round limit, while Illinois, Louisiana, and South Carolina had
an eight-round limit. 1933 S.D. Sess. Laws 245, § 1; 1933 Tex. Gen. Laws 219, § 1;
1931 Ill. Laws 452, § 1; 1932 La. Acts 336, § 1; 1934 S.C. Acts 1288, § 1.
More broadly, legislatures have long prohibited weapons with features that
they believed posed heightened risks to public safety, either because those features
were more lethal or because they were more suitable for use in crime. This
tradition has included not only prohibitions on fully automatic machine guns, but
also prohibitions on particularly dangerous knives like bowie knives or
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20
switchblades, as well as silencers and certain highly concealable pistols—while
leaving adequate alternatives for self-defense available. See, e.g., 1837 Ala. Acts 7,
§ 1 (bowie knives); 1838 Tenn. Pub. Acts 200, ch. 137 (same); 1881 Ark. Acts 191
(pocket pistols and “any kind of cartridge for any pistol”); 1879 Tenn. Pub. Acts
135, ch. 96 § 1 (“belt or pocket pistols, or revolvers, or any other kind of pistols,
except army or navy pistol”); 1907 Ala. Laws 80, § 1 (similar); 1903 S.C. Sess. Laws
127, § 1 (similar); 1883 Tenn. Pub. Acts 17 (“any pistol cartridges”); 1909 Me.
Laws 141 (silencers); 1912 Vt. Acts and Resolves 310, § 1 (same); 1913 Minn. Laws
55 (same).
This history demonstrates that Maryland’s regulation of assault weapons and
large-capacity magazines is “longstanding” under Heller. 554 U.S. at 605. And, like
the early twentieth century regulations that Heller deemed longstanding—for
instance, “prohibitions on possession of firearms by felons and the mentally ill”—
Maryland’s more limited regulation is “presumptively lawful.” Id. at 626–27 n.26.
It thus does not burden a “right secured by the Second Amendment.” Id. at 626.
CONCLUSION
The Court should affirm the district court’s judgment.
Respectfully submitted,
/s/ Deepak Gupta
Deepak Gupta
Jonathan E. Taylor
Neil K. Sawhney
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21
GUPTA WESSLER PLLC
1735 20th Street
Washington, DC 20009
(202) 888-1742
deepak@guptawessler.com
J. Adam Skaggs
Mark Anthony Frasetto
EVERYTOWN FOR GUN SAFETY
P.O. Box 4184
New York, NY 10163
Counsel for Amicus Curiae
Everytown for Gun Safety
April 18, 2016
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CERTIFICATE OF COMPLIANCE
This brief complies with the type-volume limitation of Federal Rule of
Appellate Procedure 29(d) and 32(a)(7) because it contains 4,821 words, excluding
the parts of the brief exempted by Federal Rule of Appellate Procedure
32(a)(7)(B)(iii). This brief complies with the typeface requirements of Federal Rule
of Appellate Procedure 32(a)(5) and the type style requirements of Federal Rule of
Appellate Procedure 32(a)(6) because it has been prepared in proportionally spaced
typeface (14-point Baskerville) using Microsoft Word 2010.
/s/ Deepak Gupta
Deepak Gupta
Counsel for Amicus Curiae
Everytown for Gun Safety
April 18, 2016
CERTIFICATE OF SERVICE
I certify that on April 18, 2016, the foregoing brief was served on all parties
or their counsel of record through the CM/ECF system.
/s/ Deepak Gupta
Deepak Gupta
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No. 14–1945
In the United States Court of Appeals
for the Fourth Circuit ____________________________
STEPHEN V. KOLBE, et al.,
Plaintiffs-Appellants,
v.
LAWRENCE J. HOGAN, JR., GOVERNOR, et al.,
Defendants-Appellees.
_____________________________
On En Banc Review of Appeal from the United States District
Court for the District of Maryland
____________________________
ADDENDUM OF HISTORICAL LAWS
OF AMICUS CURIAE EVERYTOWN FOR GUN SAFETY
____________________________
J. Adam Skaggs
Mark Anthony Frasetto
EVERYTOWN FOR GUN SAFETY
P.O. Box 4184
New York, NY 10163
Deepak Gupta
Jonathan E. Taylor
Neil K. Sawhney
GUPTA WESSLER PLLC
1735 20th Street
Washington, DC 20009
(202) 888-1742
deepak@guptawessler.com
Counsel for Amicus Curiae
Everytown for Gun Safety
April 18, 2016
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Addendum of Historical Laws
1837 Ala. Acts 7, § 1 ……………………………………………………………………………….App. 1
1838 Tenn. Pub. Acts 200, ch. 137 …………………………………………………………… App. 2
1879 Tenn. Pub. Acts 135, ch. 96 § 1………………………………………………………… App. 4
1881 Ark. Acts 191 ……………………………………………………………………………….. App. 6
1883 Tenn. Pub. Acts 17………………………………………………………………………… App. 8
1893 Fla. Laws 71, chap. 4147 ………………………………………………………………… App. 9
1903 S.C. Sess. Laws 127, § 1………………………………………………………………… App. 11
1907 Ala. Laws 80, § 1 …………………………………………………………………………. App. 13
1909 Me. Laws 141……………………………………………………………………………… App. 14
1912 Vt. Acts and Resolves 310, § 1………………………………………………………… App. 16
1913 Minn. Laws 55 ……………………………………………………………………………. App. 17
1927 Mich. Pub. Acts 888, § 3 ……………………………………………………………….. App. 18
1927 R.I. Pub. Laws 256, §§ 1, 4…………………………………………………………….. App. 25
Report of Firearms Committee, 38th Conference Handbook of the
National Conference on Uniform State Laws and Proceedings of the
Annual Meeting (1928) ……………………………………………………………………… App. 29
1931 Ill. Laws 452, § 1 …………………………………………………………………………. App. 40
District of Columbia Dangerous Weapons Act,
47 Stat. 650 (1932), ch. 465, §§ 1, 14…………………………………………………….. App. 43
1932 La. Acts 336, § 1………………………………………………………………………….. App. 48
1933 Cal. Acts 1169…………………………………………………………………………….. App. 52
1933 Minn. Laws 231 ………………………………………………………………………….. App. 55
1933 Ohio Laws 189……………………………………………………………………………. App. 58
1933 S.D. Sess. Laws 245, § 1………………………………………………………………… App. 60
1933 Tex. Gen. Laws 219, § 1 ……………………………………………………………….. App. 63
1934 S.C. Acts 1288, § 1 ………………………………………………………………………. App. 65
1934 Va. Acts 137, §§ 1(a), 4(d)………………………………………………………………. App. 67
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Treasurer of the State, to deposit in the Bink of the State and its’rreasurer to
several branches, all that portion of the public revenue of the United depoet the
States, which he has received or which he may hereafter receive, as enue in the
the portion of Alabama, in the following proportion: One fifth in B””ce”
the Bank of the State at Tuscaloosa, one fifth in the Branch Bank at
Montgomery, one fifth in the Branch Bank at Mobile, one fifth in
the Branch Bank at Decatur, and one fifth in the Branch Bank at
Huntsville; taking therefor certificates of deposite, and all laws or
parts of laws, contravening the provisions of this act, be and the same
are hereby repealed: Provided, That the amount of the surplus revenue
already received and which may hereafter be received, shall be
deposited in said Bank and its Branches, in the above and foregoing
proportions, on or before the first day of May next.
Approved June 30, 1837.
No. 11.] AN ACT
To suppress the use of Bowle Knives.
Section 1. Be it enacted by the Senate and House of Representatives
of the State of AYlabana in General dssenbly convened,
That if any person carrying any knife or weapon, known as Bowie Penally for
Knives or Arkansaw Tooth-picks, or either or any knife or weapon Bo knives
that shall in form, shape or size, resemble a Bowie Knife or Arhansaw
Tooth-pick, on a sudden rencounter, shall cut or stab another
with such knife, by reason of which he dies, it shall be adjudged
murder, and the offender shall suffer the same as if the killing had
been by malice aforethought.
Sec. 2. A.nd be itfurther enacted, That for every such weapon, Permn.soi.
ing Itowle seld or given, or otherwise disposed of in this State, the person selling, knives to be
giving or disposing of the satne, shall pay a tax of one hundred dol- taxed.
Ias,”to be paid into the county Treasury; and if any person so selling,
giving or disposing of such weapon, shall fail to give in the same in
his list of taxable property, lie shall be subject to the pains and panalties
of perjury. Approved June 30, 1837.
[No. 12.1 AN ACT
To enlarge the prison bounds in the different counties in this State:
Section 1. Be it enacted by the Senate and House of Representatives
of the State of Alabama in General Assembly convened,
That the several sections of an act passed in the year 1824, requiring
the Judge of the county court and commissioners of roads and revenue,
to mark and lay out the bounds of prisoners, be and the same Prison bounds
is hereby repealed, and that from and after the passage of this act, enlarged.
the bounds of the different counties shall be the limits within which
prisoners confined for debt shall be restricted, on entering into bond,
as now required by law, to keep within the prison bounds; and
hereafter the plaintiffs in suits shall not be compelled to pay the sustenance
and support of prisoners who take the benefit of the bounds.
Approved June 30, 1837.
[No. 13.] AN ACT
For the relief of the purchasers of the Sixteenth Section, Township four, Range shl, West, In the county of Lawrence andfor other purposes. Section 1. Be it enacted by the Senate and House of Represen- tatives of the State of .Alabama in General Assembly convened, That the President and Directors of the Branch of the Bank of the
7 1887.
Add. 1
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200
to perform the duties enjoined on them by- the second section
of an act, passed at Nashville, the 19th of Febr.uary,
1836, chapter XLVIll, that it shall he the duty of
the several county surveyors to do and perform said services
within their respective counties, and that said county surveyors
shall be allowed the same fees, and be subject to the
same penalties that said principal surveyors were entitled to,
and liable for, in processio.iiig said lands, and that said
county surveyors shall return a plat and certificate of each
tract so processioned by them to the entry taker of the
county, who shall forthwith record the same in his survey
book, for which services the said entry taker shall be allowed
the same fees as for other services of the same kind, and
that said several tracts of land shall be liable to attachment
and final judgment for all expenses in processioning and
rccording the sano.
JOH1N COCKE,
Speaker oj the House of Representatives.
TERRY -I. CAEIAL,
Speakcr (f the Senate.
Passed January I3th, 1838.
CHAXPTER CXXXVII.
An Act to suppress the sale and use of IowieKnives and ArLansas Tooth
Picks in this State.
SEcToN 1. Be it enacted by the General Assembly of
the State of Tennessee, That if any merclani, pedlar, jew- soid or ginL eller, confectioner, grocery keeper, or other person or peraway
sons whatsoever, shall sell or oftr to sell, or shall bring
into this State, for the purpose of selling, giving or disposing
of in any other manner whatsoever, any Bowie knife or
knives, or Arkansas tooth picks, or any knife or weapon
that shall in form, sh.,pe or size resemble a Bowie knife or
any Arkansaw tooth pick, such merchant, pedlar, jeweller,
confectioner, grocery keeper, or other-person or persons
for every such Bowie knifh or knives, or weapon that shall
in form, shape or size resemble a Bovie knife or Arkansas
tooth pick so sold, given or otherwise disposed of, or of’erad
to be sold, given or otherwise disposed of, shall be guilty
of a misdemeanor, and upon conviction thereof upon indictment
or presentmeut, shall be fined in a sum not less than
one hundred dollars, nor more than five hundred dollars, and
shall be imprisoned in the county jail for a period not less
than one mouth nor more than six months.
N’ottn Svc. 2. That if any person shall vear any Bowie knife, be worn Arkansas tooth pick, or other, knife or weapon that shall in
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201
forn, shape or size resemble a Bowie knife or Arkansas
tooth pick under his clothes, or keep the same concealed
about his person, such person shall be guilty of a misdemeanor,
and upon conviction thereof shall b2 fined in a sum
not less than two hundred dollars, nor more than five hunldred
dollars, and :hall he imnprsoned in the county jail not
less than three moilhs Ind[ not more th alt six 11101nts.
Suc. 3. Tha1t if any person shall maliciously draw or mom ?W:
attempt to draw anly iowie ife, Arkansa tooth pick, inW
or any knife or weapon that shall in furn, sihape or size resemble
a B.owie knife or Arkansas tooth pick, from under
his clothes or froi any place of corecahinent about his person,
for the purpose of sticking, cutting, awing, or ntinudating
any othor person, such person so drawing or attempting
to dravw, shall he guilty of a felon~y, and upon conviction
thereof shall he confined in the jail and penitentiary
house of this ‘State for a period of time not less thani three!
years, 1101 1110,0 thall five years.
SPC. 4. That if mily persont CyPt!!”‘ iiy kilft or wea- . . . rpnityfor tifu3
pon known i a oniwic kit, .rkilans tooth pick, or any wer,
knife or wiwpon tat sHali ill Annill, shai) or o eix0 nSmillo a
Biowi kUife, on a milt reticouiter, shall cut or stath anoth0r
pCSirll WIui) S10 kilfe: or wO:apon, lihetilO death ensties
or fl 1, sci 1iirson So oralu! Oi’ ( tittig, Shal be
guilty of a filoniy, and upon coivicion threof shl:1l be (onhini
it the jail Ii pInfItenti lV iary hoIse oif tils State, lor a
period of time not less than three years, nor more ttan filteen
yeors.
S 1:c . 5. That this act shall he in forc fron and after orpeiwlon,
the first day of y.arch next. A’nl it shall h the dity of the
several jdpes of thW circuit cotis in ti State to give lie
same in charge to thet grand Jury eveiy titnt of tie respeclive
courts, a:nd alty iviil oflicer who shall arresti anid prosecMte
to coiictionl anid pun11 ismittenIt anty perlSon guilty of any
of the ofiences enumerated in this nwt, shall he entitled to
the sum of fifly dollars, to be taxed in the hill of’ costs, and
the attorney geiieral shall be cnitlel to a tax lee of twenty
dollars in ach case, when a deltudant shall be convicted,
ad no pro-cecutor required ont any presentment or indictment
for any of the oilbuces einnerated in this act.
JOHN COCKE,
Speaker of the House of Representatives.
TERRY H. CAIAL,
Speaker of the Senate.
Passed January 27th, 1838.
26
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[ 135 ]
CHAPTER XCV.
AN ACT to change the day in which the Criminal Docket shall be
taken up for Marshall County, Tennessee.
SECTION 1. Be it enacted by the General Assembly of the
State of Tennessee, That an Act passed March 22nd,1877,
entitled, “An Act to repeal the Act establishing a Criminal
Court in the counties of Williamson, Maury, Giles
and Marshall,” be so amended that Section 5 of said Act
shall hereafter read, that the Criminal Docket shall be
taken up on the second Monday of the term of court, instead
of the first Thursday of the term, as heretofore fixed
by said Act, and that the second Monday of the term shall
be the day on which the criminal part of said term of
court shall commence for said Marshall County hereafter.
SEC. 2. Be it further enacted, That this Act take effect
from and after its passage, the public welfare requiring
it.
Passed March 14,.1879.
H1. P. FOWLKES,
Speaker of the House oj Representatives.
J. R. NEAL,
Speaker of the Senate.
Approved March 17, 1879.
ALBERT S. MARKS,
Governor.
CHAPTER XCVI.
AN ACT to Prevent the Sale of Pistols.
SECTION 1. Be it enacted by the General Assembly of
the State of Tennessee, That it shall be a misdemeanor for
any person to sell, or offer to sell, or to bring into the
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[ 136 ]
State for the purpose of selling, giving away, or otherwise
disposing of belt or pocket pistols, or revolvers, or any
other kind of pistols, except army or navy pistol; Prosgarn
pswoisvided that this Act shall not be enforced against any per- keman. sons now having license to sell such articles until the
expiration of such present license.
SEC. 2. Be it further enacted, That any person guilty
of a violation of this Act, shall be subject to presentment
or indictment, and on conviction, shall pay a fine of not
PenaW. less than twenty-five nor more than one hundred dollars,
and be imprisoned at the discretion of the court.
SEC. 3. Be it further enacted, That it shall be the duty
of the Criminal and Circuit Judges, and other Judges J udges twhose courts have criminal jurisdiction, to give this Act
ehlme. specially in charge to the grand jury at each term of the
court.
SEC. 4. Be it further enacted, That it shall be the duty
of the grand juries to send for witnesses, in all cases where
they have good reason to believe, that the provisions of
p.1n J’ this Act have been violated. And upon satisfactory evidence
of its violation, they shall make presentments of the
same without a prosecutor.
SEC. 5. Be it further enacted, That all laws and parts
of laws in conflict with this Act be, and the same are
hereby repealed.
SEC. 6. Be it further enacted, That this Act shall take
effect from and after its passage, the public welfare requiring
it.
Passed March 14, 1879.
H. P. FOWLKES,
Speaker of the House of Representatives.
J. R. NEAL,
6’peaker of the Senate.
Appioved March 17, 1879.
ALBERT S. MARKS,
Governor.
CHAPTER XCVII.
AN ACT to amend the Law Taxing Wagons.
SECTION 1. Be it enacted by the General Assembly of
the State of Tennessee, That sub-Section 38 of Section 553a
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ACTS OF ARKANSAS.
buildings and grounds shall hereafter be used exclusively for
State purposes, the title to the same being in the State.
SEC. 2. That this act take effect and be in force thirty days
after its passage, allowing that time for said county to vacate
said rooms, &c.
Approved, April 1st, 1881.
No. XC VI.
‘AN ACT To Preserve the Public Peace and Prevent Crime.
-bECTION
I Carrying of certain weapons constituted a misdemeanor; proviso, excepting
officers, and persons journeying.
2 Carrying such weapons otherwise than in the hand, a misdemeanor.
3 Selling or disposing of such weapons, a misdemeanor.
4 Violation of act punishable by fine from $50 to $200.
5 Justices of the Peace knowing of violations of provisions of act and refusing
to proceed, to be fined and removed.
6 Same penalty denounced any other officer knowing of such offense.
7 Violators of act how proceeded against.
8 Conflicting laws repealed; act in force 90 days after passage.
Beit enacted by the General Assembly of the State of Arkansas:
SECTION 1. That any person who shall wear or carry, in
any manner whatever, as a weapon, any dirk or bowie knife,
or a sword, or a spear in a cane, brass or metal knucks,
razor, or any pistol of any kind whatever, except such pistols
as are used in the army or navy of the United States, shall be
guilty of a misdemeanor; Provided, That officers, whose duties
req.uire them to make arrests, or to keep and guard prisoners,
together with the persons summoned by such officers, to aid
them in the discharge of such duties, while actually engaged
in such duties, are exempted from the provisions of this act.
Provided, further, That nothing in this act be so construed as
to prohibit any person from carrying any weapon when upon a
journey, or upon his own premises.
191
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ACTS OF ARKANSAS.
SEc. 2. Any person, excepting such officers, or persons on
a journey, and on his premises, as are mentioned in section one
of this act, who shall wear or carry any such pistol as in [is]
used in the army or navy of the United States, in any manner
except uncovered, and in his hand, shall be deemed guilty of as
misdemeanor.
SEC. 3. Any person who shall sell, barter or exchange, or
otherwise dispose of, or in any manner furnish to any person
any person any dirk or bowie knife, or a sword or a spear in a
cane, brass or metal knucks, or any pistol, of any kind whatever,
except such as are used in the army or navy of the United
States, and known as the navy pistol, or any kind of cartridge,
for any pistol, or any person who shall keep any such arms or
cartridges for sale, shall be guilty of a misdemeanor.
SEC. 4. Any person convicted of a violation of any of the
provisions of this act, shall be punished by a fine of not less
than fifty nor more than two hundred dollars.
SEC. 5. Any justice of the peace in this State, who, from
his own knowledge, or from legal information, knows, or has
reasonable grounds to believe, any person guilty of the violation
of the provisions of this act, and shall fail or refuse to
proceed against such person, shall be deemed guilty of a nonfeasance
in office, and upon conviction thereof, shall be punished
by the same fines and penalties as provided in section
four of this act, and shall be removed from office.
SEC. 6. Any officer in this State, whose duty it is to make
arrests, who may have personal knowledge of any person carrying
arms contrary to the provisions of this act, and shall fail
or refuse to arrest such person and bring him to trial, shall be
punished, as provided in section four of this act.
SEC. 7. All persons violating any of the provisions of this
act may be prosecuted in any of the courts of this State, having
jurisdiction to try the same.
SEC. 8. All laws or parts of laws, in conflict with the provisions
of this act are hereby repealed, and this act to take
effect and be in force ninety days after its passage.
Approved, April 1st, 1881.
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( 17 )
SEC. 3. -Be it further enacted, That this Act take effect
from and after its passage, the public welfare requiring
it.
Passed February 23, 1883.
B. F. ALEXANDER,
Speaker of the Senate.
W. L. LEDGERWOOD,
Speaker of the House of Representatives.
Approved February 27, 1883.
WM. B. BATE,
Governor.
CHAPTER XIII.
A BILL to be entitled An Act to prevent the sale, loan or gift of pistol
cartridges in this State.
Be it enacted by the General Assembly of the State of Pistoi cartTennessee,
That it shall be unlawful for any person or ridges unlawpersons
to buy or sell or give away any pistol cartridges ful.
in this State.
Be itffurther enacted, That any person or persons violating
this Act, shall be guilty of a misdemeanor, and penalty.
on conviction thereof shall be fined not less than twentyfive
or more than one hundred dollars.
Be it further enacted, That this Act shall be given in
charge by the judges of the Circuit and Criminal Courts
of this State, to the grand juries at each term of the Grand juries
Court, and that the grand juries are hereby clothed haveinquisitowith
inquisitorial powers to send for witnesses, and prefer
presentments against any persons guilty of a violation
of this Act; provided, however, that nothing in this
Act shall be construed to interfere with the sale of cartridges
for rifle guns or shot guns, or cartridges for army
or navy pistols.
Passed February 24, 1883
B. F. ALEXANDER,
Speaker of the Senate.
W. L. LEDGERWOOD,
Speaker of the House of Representatives.
Approved March 3, 1883.
WM. B. BATE, 2 Governor.
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Sm,. 3. That any person violating the provisions of this 1893.
Act shall be fined not exceeding’five hundred dollars for each 1’enalty.
violation thereor.
Sv.c. 4. Tis Act shall go into effect inmmediately upon it1 4rrct.
approval by the Governor.
Approved May 31, 1893.
Cnj’rim 4146(-[No. 3’2.]
AN ACT P(reventing tih Slripment of Partridges and Quails Killed
or Entrapped in tie State of Florida.
le it tued by ie’ Lv/sltulvreo q the Slitte q/ Plhrsln
SEwrCTON 1. That no partridges or quails killed or entrapped preventing
in the State of Florida, shall he shippilcl or transportedi out- shippingpuil
side of the county in which snreh partridges or quails have &c.
been killed or entrapped.
Simc. 2. Aniy person or any agent of any transportation
company, or common carrier “iolating the provisions of this
Act shall pay a fine of not less than one hundred dollars nor Peanlty.
more than five hundred dollars, or shall ie imprisoned for “r
period of not less than sixty days nor more than one year in
the county jail.
Se. 3. ‘]’fiat all laws in confliet with the provisions of this Repeal.
Act are hereby repealed.
Sic. 4. That this act ‘iball take effect upon its passage and Edect.
approval by the Governor.
Approved June 2, 189P..
Cn,.rIr:J 4147-[No. 3.]
AN ACT to Regulate tire Carrying of Firearms.
ie it.eimated by the Leolislatu’e of’ the ‘tate ot Florihu:
Sftr’roN i. ‘]’hat in each and every county in this State, it
shall be unlawful to carry or own a Winchester or other repeating
rifle or without first taking out a license from tire License for
County Commissitners of thie respective counties, before srch carrying rifle,
person shall ba at liberty to carry around with him on his
person and in his manual possession such Winchester rifle or
other repeating rifle.
71 P LAWS OF FLORI1DA.
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72 LAWS OF FLORIDA.
1893. t,, 2. The County Commissioners of the respective countWho
to grant. ties in this State may grant such license at any regular or
special meeting.
S.c. 3. The perscn taking out sttch license shall give a
Band. bond running to the Governor of the State in tihe sunr of one
hundred dollars, conditioned on the proper and legitimate use
of the gun with snreties to be approved by the County Commissioners,
and at ie same time there shall be kept by the
County Commissioners granting the same a rec.ird of tihe
name of th’b person taking out such license, the name of the
maker of the firearm so licensed to be carried and the caliber
and number of the same.
Sne. 4. All persons violating the provisions of SeCLIOII 1
of this Act shall be guilty of a isdenteanor, and on convic- Ponalty. tion shall be fined not exceeding one hundred dollars or iu.
prisonnent in t.e county jail not exceeding sixty days.
Zfect. Sim’. 5). That t’his Act shall go into effect ‘it) days after its
passage and approval by tile Governor.
Approved June 2, 1893
CUnm-rmt 4148-[No. 34.]
AN ACT Prescribing Ihat a Scrawl or S9croll, Printed or Written,
shall be as Effectual as a Seal.
lie it enfeted lby the Lelshtifi’e ft’ the 81,*tv of 1,7orhh:
Urse’of scrawl SECTION 1. That a scrawl or Fcroll, printed oi written, as seal, affixed as a seal to any written instrunent shall be as effectual
as a seal.
Fri or use Stc. ‘2. That all written instruments heretofore or herevalid.
after made with a scrawl or scroll, printed or written, affixed
as a seal are declared to be sealed instrument.s, and shall be
construed and received in evidence as such in all the courts
of this, State.
Effect, SEe. 3. That this Act shall take effect immediately upon
its pasage and approval by’the Goveynor.
Approved April 28, 1893.
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OF SOUTH CAROLINA.
the foregoing Sections of this Act shall be deemed guilty of a A. D. 1903.
misdemeanor, and, on conviction thereof, shall be punished by
fine of not exceeding one hundred dollars, or by imprisonment
not exceeding thirty days, or by both fine and imprisonment,
in the discretion of the Court.
SEC. 4. This Act shall be of force and effect from and after
April first, 1903.
SEC. 5. All Acts and parts of Acts in conflict with this Act
be, and the same are hereby, repealed.
Approved the 23d day of February, A. D. 1903.
No. 86.
AN ACT To AMEND AN ACT ENTITLED “AN AcT To AMEND
SECTION I OF AN ACT ENTITLED ‘AN ACT To REGULATE
THE CARRYING, MANUFACTURE AND SALE OF PISTOLS, AND
TO MAKE A VIOLATION OF THE SAME A MISDEMEANOR,’
APPROVED 20TH OF FEBRUARY, I9OI, BY STRIKING OUT
CERTAIN WORDS AND INSERTING OTHER WORDS IN LIEU
THEREOF,” APPROVED FEBRUARY 25TH, 1902, BY PROHIBITING
LEASING, RENTING, BARTERING, EXCHANGING AND
HANDLING PISTOLS.
SECTION I. Be it enacted by the General Assembly of the Actof25Feb.,
State of South Carolina, That an Act entitled “An Act to 1cts, Vol. 213o
amend Section I of an Act entitled ‘An Act to regulate the amended.
carrying, manufacture and sale of pistols, and to make a violation
of the same a misdemeanor,’ approved 20th of February,
1901, by striking out certain words and inserting other words
in lieu thereof,” approved February 25, 1902, be amended by
inserting after the words “offer for sale” and before the words
“or transport for sale,” the following words, “lease, rent, barter,
exchange, handle;” so that said Section, when amended, shall
read as follows:
Section I. That from and after the first day of July, 1902, it Manufacture,
sale, and car- shall be unlawful for any one to carry about the person, whether rying of cer- t a in pistols concealed or not, any pistol less than twenty inches long and proh i bited.
O;r i m inalI three pounds in weight; and it shall be unlawful for any per- Code 129,
son, firm or corporation to manufacture, sell or offer for sale, amend
127
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STATUTES AT LARGE
A. D. 1903. lease, rent, barter, exchange, or transport for sale or into this
State, any pistol of less- length and weight.. Any violation of
this Section shall be punished by a fine of not more than one
thousand dollars, or imprisonment for not more than two years;
and in case of a sale by a person, firm or corporation, the sum
of one hundred dollars shall be forfeited to and for the use of
the school fund of the County wherein the violation takes
place, to be recovered as other fines and forfeitures: Provided,
This Act shall not apply to peace officers in the actual discharge
of thelir duties, or to carrying or keeping of pistols by persons
while on their own premises.
Approved the 2d day of March, A. D. 1903.
No. 87.
AN ACT To AMEND SECTION. 20 OF THE CODE OF CIVIL PROCEDURE,
FIXING THE TIMES FOR THE HOLDING OF THE
CIRCUIT COURTS OF THE THIRD JUDICIAL CIRCUIT.
Code of Pro- SECTION I. Be it enacted by the General Assembly of the
enred 20, State of South Carolina, That Section 20 of the- Code of Civil
Procedure be, and the same is hereby, amended, so as to read
Courts in as follows: Sec. 2o. The Circuit Courts of -the Third Judicial
Third Circuit. Circuit of this State shall be held as follows:
Lee County. I. The Court of General Sessions at Bishopville, for the
County of Lee, on the first Monday in March, the first Monday
in June and the fourth Monday in September; and the Court
of Common Pleas at the same place on the Wednesdays first
succeeding the Mondays herein fixed for the holding of the
Court of General Sessions at said place.
Florence 2. The Court of General Sessions at Florence, for the
County. County of Florence, on the second Monday after the first Monday
in March, the second Monday in June and the second Monday
after the fourth Monday in September; and the Court of
Common Pleas at the same place on the Wednesdays first succeeding
the Mondays herein fixed for the holding of the Court
of General Sessions at said place.
Georgetown 3. The Court of General Sessions at Georgetown, for the
County. County of Georgetown, on the fourth Monday after the first
128
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No. 55.) AN ACT (H1. 37.
To prohibit the sale, or barter, or having possession
of small deadly weapons, such as small
pistols, bowie knives, dirks, brass knucks,
and slung shots. Be it enacted by the legislature
of Alabama:
Penalty for Section 1. That any person who sells, or barsale,
etc. ters, any pistol of less than twenty-four inches
in length of barrel, or any brass knucks, metalic
knucks, dirks, slung shot, bowie knives or knife
of like kind, must on conviction be fined not less
than one hundred ($100.00) nor more than one
thousand $1000.00 dollars, and may also be sentenced
to hard labor for not less than one nor
more than three months.
Penalty for Section 2. Any person who has possession off
having pos- of his own premises, of any of the weapons named session of. in the first section of this act must on conviction
be fined not less than twenty-five ($25.00) nor
more than five hundred ($500.00) dollars, and
may also be sentenced to hard labor for less than
one nor more than three months.
Effect. Section 2. This act shall go into effect and be
operative from and after the first day of July,
1908.
Approved Nov. 23, 1907.
No. 56.) AN ACT (H. 50.
To provide for the registration of all conveyances
of real and personal property and to repeal
all laws in conflict therewith.
Instruments, Section 1. Be it enacted by the legislature of
record of; Alabama, That it shall be the duty of the pro- how made. bate judges to record all instruments filed with
them, and entitled to registration under the law,
* by writing the same in a fair hand, or by printing
the same in books kept for that purpose, or
1907. 80
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TO PROHIBIT USE OF FIREARMS. 141
CHAP. 129
‘Section 13. Every town shall raise and expend, annually, Towns to
for the support of common schools therein, exclusive of the raise
money for
income of any corporate school fund, or of any grant from the schools.
revenue or fund from the state, or of any voluntary donation,
devise or bequest, or of any forfeiture accruing to the use of
schools, not less than eighty cents for each inhabitant, according
to the census by which representatives to the legislature
were last apportioned, under penalty of forfeiting not less than
twice nor more than four times the amount of its deficiency,
and all moneys provided by towns, or apportioned by the state
for the support of common schools, shall be expended for the -expendimaintenance
of common schools established and controlled by ture.
the towns by which said moneys are provided, or to which said
moneys are apportioned; but nothing in this section shall be so
construed as to annul, or render void, the provisions made in
section eighteen of this chapter for the establishing and maintenance
of union schools by adjoining towns.’
Section 2. This act shall take effect January one, nineteen
hundred and ten.
Approved March 24, 1909.
Chapter 129.
An Act to prohibit the use of Firearms fitted with any device to deaden
the sound of explosion.
Be it enacted by the People of the State of Maine, as follows:
Section x. It shall be unlawful for any person to sell, offer Use o ttrefor
sale, use or have in his possession, any gun, pistol or other with 7 d
firearm, fitted or contrived with any device for deadening the deaden
sound, prosound
of explosion. Whoever violates any of the provisions hibited.
of this act shall forfeit such firearm or firearms and the device
or silencer, and shall further be subject to a fine not exceeding -penalty.
one hundred dollars, or to imprisonment not exceeding sixty
days, or to both fine and imprisonment. Any sheriff, deputy
sheriff, constable, inland fish and game warden or deputy of fireinland
fish and game warden shall have authority to seize any byasoman
firearm or firearms and any device or silencer found in possession
of any person in violation of this act, and on conviction
of the party from whom such firearm’or firearms are seized,
such firearm or firearms shall be sold, the proceeds to be paid
to the state treasurer, and the device or silencer shall be destroyed.
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142 BY-LAWS OF BOARDS OF HEALTH.
CHAP. 130
Section 2. This act does not apply to military organizations Military
organiza- authorized by law to bear arms, or to the national guard in
tion s not
affected. the performance of its duty.
Section 3. In all prosecutions arising under this act, municipal
and police courts and trial justices in their respective
counties shall have upon complaint original and concurrent
jurisdiction with the supreme judicial and superior courts, and
all fines, penalties and forfeitures recovered by any person for
any violation of this act shall be paid forthwith by the person
receiving the same to the state treasurer, to be credited to fines
and license fees for the protection of birds and game.
Approved March 24, 1909.
Chapter 130.
An Act> to amend Paragraph Five, of Section Thirty, of Chapter Eighteen
of the Revised Statutes, relating to By-laws of Local Boards of Health.
Be it enacted by the People of the State of Maine, as follows:
Paragraph Paragraph five, of section thirty, of chapter eighteen of the
5, of sec- rvsdsaue shrb mne
tions0, revised statutes is hereby amended by inserting after the word
chapter 18, 14
R. S., county” in the seventh line thereof the words ‘or by posting amended. copies of said by-laws in six conspicuous and public places
within the town;’ also by inserting after the word “publication”
in the eighth line thereof the words ‘or posting,’ so that
said paragraph, as amended, shall read as follows:
Board of ‘V. Make, alter and amend such orders and by-laws as they
make
health may shall think necessary and proper for the preservation of life byawservor
and health and the successful operation of the health laws of
tion of life the state, subject to the approval of any justice of the supreme and health.
-notice of judicial court. Notice shall be given by the board of health,
by-laws. of all by-laws made or amended by them, by publishing the
same in some newspaper, if there is one published in such
town; if there is none, then in the nearest newspaper published
in the county; or by posting copies of said by-laws in six conspicuous
and public places within the town; and a recor.d of
such publication, or posting, of said orders and by-laws in the
office of the town clerk, shall be deemed a legal notice to all
persons.’
Approved March 24, 1909.
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PUBLIC ACTS.
Sec. 5904. A person who sells, gives away or furnishes
to a person under twenty-one years of age, cigarettes, cigarette papers or wrappers shall be imprisoned not more than
two months or fined not more than fifty dollars, or both. A
plainly printed copy of this and the preceding section shall,upon
application, be furnished by the secretary of state and be posted
in a conspicuous place in each store, shop, office or plac4 of business
where cigarettes are sold or kept for sale. A person who
fails to so post such copy shall be fined not more than twentyfive
dollars nor less than five dollars.
SEC. 2. This act shall take effect March 1, 1913.
Approved February 3, 1913.
No. 236.-AN ACT TO IMPROVE SANITARY CONDITIONS
IN THE SALE OF BREAD AND CAKE.
It is hereby enacted by the General Assembly of the State of
Vermont:
SECTION 1. No person shall carry or cart about with intent
to sell or offer for sale, or deliver to customers after it has been sold
for human food, any kind or quality of bread or cake in loaf form, unless each loaf be wrapped separately in waxed paper, tissue
paper or some similar wrapper or a sanitary container of sufficient
thickness and quality to protect the bread and cake from dust
and dirt.
SEC. 2. A person who violates a provision of this act shall
be fined five dollars for each offense.
Approved December 10, 1912.
No. 237.-AN ACT TO PREVENT THE MANUFACTURE, SALE OR USE OF GUNSILENCERS.
It is hereby enacted by the General Assembly of the State of
Vermont:
SECTION 1. A person who manufactures, sells, or uses, or
possesses with intent to sell or use, an appliance known as or used
for a gunsilencer shall be fined twenty-five dollars for each offense.
This act shall not prevent the use or possession of gunsilencers for
military purposes when so used or possessed under proper military
authority and restriction.
SEC. 2. This act shall take effect January 1, 1913.
Approved November 14, 1912.
310 [A. D.
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OF MINNESOTA FOR 1913.
agree on the verdict the same shall be signed by all the jurors
who concur therein, and the clerk of said court shall enter on
his minutes the number of said jurors concurring in said verdict.
Sec. 3. Inconsistent acts repealed.-All acts or parts of
acts inconsistent herewith are hereby repealed.
Sec. 4. This act shall take effect and be in force from and
after July 1st, 1913.
Approved March 13, 1913.
CHAPTER 64-H. F. No. 80.
An Act to prevent the sale, offering or exposing for sale or
having in possession for the use or for purpose of sale within
this state, of a silencer for shot-gun, revolver, rifle or other firearm,
defining a silencer and providing penalties for violation.
Be it enacted by the Legislature of the State of Minnesota:
Section 1. Use of silencers prohibited.-No person shall
within the state of Minnesota sell or offer or expose for sale,
or have in possession for use upon or in connection ‘with any
rifle, shot-gun, revolver, or other fire-arm or have in possession for purposes of sale any silencer for a shot-gun, revolver, rifle
or other fire-arm.
Sec. 2. Possession prima facie evidence.-In any prosecution
hereunder proof of the having such silencer in possession by any person shall constitute prima facie evidence that same
was had in possession of such person for use contrary to the
provisions of this act.
Sec. 3. Construction of word “silencer.”-A silencer within
the meaning of this act is defined as a mechanical device or
construction or instrument designed or intended to be temporarily
or permanently attached to or used in connection with any shotgun,
revolver, rifle, or other fire-arm for the purpose of lessening
or reducing the volume of sound caused by the discharge of or
by the firing of such gun, rifle, revolver or other fire-arm.
Sec. 4. Violation a misdemeanor.-Any person ‘ violating
any of the provisions of this act shall be guilty of a misdemeanor.
Approved March 13, 1913.
CHAPTER 65-H. F. No. 155.
An Act to amend Section Four (4) of Chapter Two Hundred
Thirty-One (231) of the General Laws of Minnesota for
65] 55
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PUBLIC ACTS, 1927-No. 372. 887
other purpose. Such persons shall hold offlee during the term
of their employment by the state highway department but
the authority herein vested shall cease upon the termination
of such employnient. The persons so appointed shall by
reason of such appointment be members of the department
of public safety during the terms of such appointment but
shall serve without pay as members thereof.
Approved June 2, 1927.
[No. 372.)
AN ACT to regulate and license the selling, purchasing, pos.
sessing and carrying of certain firearms; to prohibit the
buying, selling or carrying of certain firearms without a
license therefor; to prohibit the possession of certain
weapons and attachments; to prohibit the pawning of certain
firearms; to prohibit the sale, offering for sale, or
possession for the purpose of sale of written or printed
matter containing any offer to sell or deliver certain firearms
or devices within this state; to provide penalties for
the violations of this act, and to repeal act number two
hundred seventy-four of the public acts of nineteen hundred
eleven, being sections fifteen thousand two hundred thirtysix,
fifteen thousand two hundred thirty-seven, fifteen thousand
two hundred thirty-eight, fifteen thousand two hundred
thirty-nine, fifteen thousand two hundred forty, fifteen
thousand two hundred forty-one, fifteen thousand two
hundred forty-two, fifteen thousand two hundred fortythree,
fifteen thousand two hundred forty-four, fifteen
thousand two hundred forty-five and fifteen thousand two
hundred forty-six of the compiled laws of nineteen hundred
fifteen; act number three hundred thirteen of the public
acts of nineteen hundred twenty-five; and section sixteen
of chapter one hundred sixty-two of the revised statutes of
eighteen hundred forty-six, being section fifteen thousand
six hundred forty-one of the compiled laws of nineteen hundred
fifteen.
The People of the State of Michigan enact:
SECTION 1. The word “pistol” as used in this act shall words
mean any firearm, loaded or unloaded, thirty inches or less in defined.
length. The word “purchaser” shall mean any person who
receives a pistol from another by purchase, gift or loan. The
word “seller” shall mean any person who sells, furnishes, loans or gives a pistol to another.
SEC. 2. No person shall purchase a pistol as deflned in License
this act without first having obtained a license therefor as purease.
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prescribed herein. The commissioner or chief of police, or
his duly authorized deputy, in incorporated cities or in incoi’porated
villages having anl organized department of police,
and the sheriff, or his authorized deputy, in parts of the respective
counties not included within incorporated cities or
villages, are lierally authorized to issue licenses to purchase
pistols to applicants residing within the respective territories
To whom herein mentioned. No such license shall be granted to any granted. person except he be nineteen years of age or over, and has
resided in this state six months or more, and in no
event shall such a license be issued to a person who has been
convicted of a felony or adjudged insane in this state or elsewhere.
Applications for such licenses shall be signed by the
applicant under oath upon forms provided by the commisExecuted
sioner of public safety. Licenses to purchase pistols shall
In duplicate. be executed in duplicate upon forms provided by the coinmissioner
of public safety and shall be signed by the licensing
authority. One copy of such license shall be delivered to the
applicant and the duplicate of such license shall Se retained
by such licensing authority as a permanent official record for
a period of six years. Such license shall be void unless used
Misdo- within ten days after the date of its issue. Any person who
ineanoll ,ilsll*; penalty. shall sell to another any pistol as defined in this act without
complying with the requirements of this section shall be
guilty of a inisdenieanor and upon conviction thereof shall
be punished by a. flie of not more than one hundred dollars
or imprisonment in the county jail not more than ninety days.
or both such fine and imprisonment in the discretion of the
court. Such license shall be signed in ink by the holder’
thereof in the presence of the person selling, loaning or giving
a pistol to such licensee and shall thereupon be taken up bY
such person, signed by hiim in ink and shall be delivered or
sent by registered mail within forty-eight hours to the commissioner
of public safety. The seller shall certify upon said
license in the space provided therefor the name of the person
to whom such pistol was delivered, the make, style, calibre
and number of such pistol, and shall further certify that such
purchaser signed his name on said license in the presence of
the seller. The provisions of this section shall not apply to
the purchase of pistols from wholesalers by dealers regularly
engaged in the business of selling pistols at retail, nor to the
sale, barter or exchange of pistols kept solely as relics, souvenirs
or curios.
Unlawful to Sc. 3. It shall be unlawful within this stale to manucianuatre,
facture, sell, offer for sale, or possess any machine gun or
firearms, etc. firearm which can be fired more thii sixteen tines without
reloading, or any muffler, silencer or device for deadening or
muffling the sound of a discharged firearm, or any bomb or
bombshell, or any blackjack, slung shot, hilly, metallic
Penalty for knuckles, sandelub, sandhag or illdgeoii. Any pers5ol colviolution.
victed of a violation of this section shall be guilty of a felony
and shall be punished by a file not exceeding one thousand
888 PUBLIC ACTS, 1927-No. 372.
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PUBLIC ACTS, 1927-No. 372.
dollars or imprisonment in the state prison not more than five
years, or by both such flue and imprisonment in the discretion
of the court. The provisions of this section shall not
apply, however, to any person, firm or corporation mnanufacturing
firearms, explosives or munitions of war by virtue of
any contracts with any department of th government of the
United States, or with any foreign government, state, municipality
or any subdivision thereof.
Sme. 4. Any person who, with intent to use the saine un- Felony, what lawfully against the person of another, goes armed with a ‘eemed.
pistol or other firearm or dagger, dirk, razor, stiletto, or knife
having a blade over three inches in length, or any other daulgerous
or deadly weapon or instrument, shall be guilty of a Penalty.
felony and on conviction thereof shall be punished by a fine
not exceeding one thousand dollars or imprisonment in the
state prison for not more than five years, or by both such
fine and imprisonment in the discretion of the court.
Simc. 5. No person shall carry a dagger, dirk, stiletto or Unlawful to
other dangerous weapon except hunting knives adapted and dgr, retc.
carried as such, concealed on or about his person, or whether
concealed or otherwise in any vehicle operated or occupied
by him, except in his diwelling house or place of business or
on other land possessed by him. No person shall carry a
pistol concealed oi or about his person, or, whether concealed
or otherwise, in any vehiele operated or occupied by him,
except in hlis dwelling hlou1se oi* pilne of business or on other
land possessed by him, without a-license therefor as herein
provided. Any person violating the provisions of this section
shall be guilty of a felony and upon conviction thereof sh1all
be punished by a fine not exceeding one thousand dollars or
imprisonment in the state prison for not more than five years,
or by both such fine an( imprisonment in tihe discretion of the
court.
SEC. 6. The prosecuting attorney, the commissioner or concealed
chief of police and the commissioner of public safety or their wccn’ng respective authorized deputies in incorporated cities or ill board.
incorporated villages having an organized department of
police, and the prosecuting attorney, the commissioner of
public safety or their authorized deputies, and(1 the sheriff,
under-sheriff or ehief deputy sheriff in parts of the respective
counties not included] within incorporated cities or villages
shall constitute boards exclusively authorized to issue licenses
to carry pistols concealed on the person to applicants residing
within the respective territories herein mentioned. The
county clerk of each county shall he clerk of such licensing hoards, which boards shiall he known in law as “The Concealed
Weapon Licensing Board.” No such license to cnrry To whom
n pistol concealed on t1e person shall be granted to any per gte Sonl except lie he nineteen ytoirs of age or over an(1 has resided
in this state six ionlths or over, and ill no event shall such
license lie issued uiniless it, appenrs that tile applieilll has
good reason to fear inljury 10 his person or properlty, or has
880
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other proper reasons, and that he is a suitable person to be
so licensed, and in no event to a person who has been convicted
of a felony or adjudged insane in this state or elseChairman
where. The prosecuting attorney shall be the chairman of of board. the said board, which shall convene at least once in each
calendar month and at such other times as they shall be
called to convene by the chairman. Such licenses shall be
issued only upon written application signed by the applicant
and on his oath and upon forms provided by the commissioner
of public safety. Such licenses shall issue only with the approval
of a majority of said board and shall be executed in
triplicate upon forms provided by the commissioner of public
safety and shall be signed in the name of the concealed
weapon licensing board by the county clerk and the seal of
the circuit court affxed thereto. One copy of such license
shall be delivered to the applicant, the duplicate of said
license shall be retained by the county clerk as a permanent
official record for a period of six years, and the triplicate of
such license shall be forwarded to the commissioner of public
safety who shall file and index licenses so received by him
and keep the same as a permanent official record for a period
Duration of six years. Each license shall be issued for a definite period of license. of not more than one year, to be stated in the license, and no
renewal of such license shall be granted except upon the filing
of a new application. Every license issued hereunder shall
bear the imprint of the right thumt of the licensee, or, if
that be not possible, of the left thumb or some other finger of
such licensee. Such licensee shall carry such license upon his
person at all times when lie may be carrying a pistol con.
cealed upon his person and shall display such license upon
the request of any peace offleer.
When license SEc. 7. All licenses heretofore issued in this state per. to expire. mitting a person to carry a pistol concealed upon his person
shall expire at midnight, December thirty-one, nineteen hundred
twenty-seven. . When lcense SEc. 8. The licensing board herein created by section six revoked. may revoke any license issued by it upon receiving a certificate
of any magistrate showing that such licensee has been convicted
of violating any of the provisions of this act, or has
been convicted of’a felony. Such license may also be revoked
whenever in the judgment of said board the reason for granting
such license shall have ceased to exist, or whenever said
board shall for any reasonable cause determine said licensee
to be an unfit person to carry a pistol concealed upon his
person. No such license shall ‘e revoked except upon written
complaint and then only after a hearing by said board, of
which at least seven days’ notice shall be given to the licensee
either by personal service or by registered mail to his last
known address. The clerk of said licensing board is hereby
authorized to administer an oath to any person testifying
before such board at any such hearing.
890 PUBLIC ACTS, 1927–No. 372.
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SEC. 9. On or before the first day of Novemb’er, nineteen safet inhundred
twenty-seven, any person within this state who owns veao or
or has in his possession a pistol as defined in this act, shall, if he reside in an incorporated city or an incorporated village
having an organized police department, present such
weapon for safety inspection to the commissioner or chief of
police of such city or village; if such person reside.in a part
of the county not included within the corporate limits of
such city or village he shall so present such pistol for safety
inspection to the sheriff of such county. Any person owning
or coming into possession of a pistol after the first day of
November, nineteen hundred twenty-seven, shall forthwith
present such pistol for safety inspection in the manner provided
in this section. A certificate of inspection shall there- certitente
upon be issued in triplicate on a form provided by the com- issued.
missioner of public safety, containing the name, age, address, description and signature of the person presenting such
pistol for inspection, together with a full description thereof;
the original of such certificate shall be delivered to the registrant;
the duplicate thereof shall be mailed to the commissioner
of public safety and filed and indexed by him and kept
as a permanent offlcial record for a period of six years, and
the triplicate of such certificate shall be retained and filed
in the office of said sheriff, or commissioner or chief of police,
as the case may be. The provisions of this section shall not
apply to wholesale or retail dealers in firearms or to collections
of pistols kept solely for the purpose of display, as
relics, souvenirs, curios or antiques, nor to weapons heretofore
registered under the provisions of section eleven of act nuiher
three hundred thirteen of the public acts of nineteenii hundred
twenty-five. Any person who fails to comply with the
provision of this section shall be guilty of a misdemeanor
and shall be punished by a fine not exceeding one hundred
dollars or imprisonment in the county jail not exceeding
ninety days, or by both such fine and imprisonment in the
discretion of the court.
SEC. 10. No pawnbroker shall accept a pistol in pawn. Pistol not
Any person violating this section of this act shall be deemed “cPted in
guilty of a misdemeanor and upon conviction thereof shall
be punished by a fine of not more than one hundred dollars
or imprisonment in the county jail for not more than ninety (lays or by both such fine and imprisonment in the discretion
of the court.
SEc. 11. No person shall wilfully alter, remove or obliter- Alteration
ate the name of the maker, model, manufacturer’s number or l nfulother
mark of identity of any pistol. Possession of any such
firearm upon which the number shall have been altered, removed
or obliterated, shall be presumptive evidence that such
possessor has altered, removed or obliterated the same. Any
person convicted under this section shall be punished by a
ftae not to exceed five hundred dollars or by imprisonment
PUBLIC ACTS, 1927-No. 372. 891
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in the state prison not to exceed two years or by both such
fine and imprisonment in the discretion of the court.
Exceptions Sic. 12. The provisions of section two, three, five and nine to act. shall not apply to any peace olicer of the state or any subdivision
thereof who is regularly employed and paid 1;y the
state or such subdivision, or to any member of the army,
navy or marine corps of the United States, or of organizations
authorized by law to purchase or receive weapons from the
United States or from this state, nor to the national guard or
other duly authorized military organizations when on duty
or drill, nor to the memibers thereof in going to or returning
from their customary places of assembly or practice, nor to a
person licensed to carry a pistol concealed upon his person
issued by another state, nor to the regular and ordinary linsportation
of pistols as merchandise, or to aiiy l)person while
carrying a pistol unloaded in a wrapper from the place of
purchase to his home or place of business or to a place of
repair or back to his houme or place of business, or in moving
goods from one place of abode or business to another.
When un- Sic. 13. When conllaint shall be made on oath to any lawfully
poss. magistrate authorized to issue warrants in criminal cases
that any pistol or other weapon or device mentioned in this
act is unlawfully possessed or enrried by any person, such
magistrate shall, if he be satisfied that there is reasonable
cause to believe the mlatters in said complaint be true, issue
his warrant directed to any peace oflicer, conunanding hill .to
seurch the person or place described ill such complaint, amld
if such pistol, weapon or device be there found; to seize and
hold the same as evidence of a violation of this act.
Forfeited to Site. 14. All pistols, veapons or devices carried or pos- state. Fessed contrary to this act are hereby declared. forfeited to
Ile state.
Certain Sitc. 15. It shlall be unlawful to sell or deliver within this books, etc. unlawful to state, or to offer or expose for sale, or to have in possession sell, etc. for the purpose of sale, any book, pamphlet, -circular, Illagazine,
newspaper or other form of written o1 printed llatter
offering to sell or deliver, or containing an offer to sell or
deliver to any person within this state from any place without
this state any pistol or any weapon or device moutioned ill
section three hereof. The provisioins of this section shall not
apply to sales of or offers to sell pistols at wholesale to persons
regularly egaged in the business of selling such pistols
at wholesale or retail, nor to sales or offers to sell such pistols
made or authorized by 11e United States government or ally
department or agency thereof.
Penalty for SIe. 1(6. Ally persoln violating the provisions of sect ioll violation. fAfteell of this act sh1all h (leeiled guilty of a Iml isdeivmeanor,
and upon conviction shall be punished by a flle not to exceed
one hiuidred dollars or ‘by illprisoliiilent in the collity jail
lot to exceed lillety days, or by hoth suill fille mind illpriso-ll
illeit in th1e discretion of the court.
892 PUBLIC ACTS, 1927-No. 372.
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Site. 1.7. Act inuier two hundred seveity-four of tle Acts
pil)] ic acts of iiiiiteen iindred eleven, being sections flifteen ri’peated.
thousand two hundred thirty-six, fifeen thousand. two hunidred
thirty-seven, fifteen thousand two hundred thirty-eight, fifteen thousand two hundred thirty-nine, fifteen thiousand two
hundred forty, fifteen thousaid two hundred forty-one, fifteen
thousand two hundred forty-two, fifteen thousand two hun-
(lred forty-three, fifteen thousand two hundred forty-four,
fifteen thousand two hundred forty-five and fifteen thousand
two hundred forty-six of the compiled laws of nineteen hundred
fifteen; act nuimber three hundred thirteen of the public
cts of nineteen hundred twenty-five; and section sixteen of
cliapter one hundred sixty-two of the revised statutes of
eighteen hundred forty-six, being section fifteen thousand six
hundred forty-one of tile compiled laws of nineteen hundred
fifteen, are hereby repealed: Providcd, howerer, That any Proviso.
proceedings pending under any of said sections herein repealed
shall not be affected hereby but shall le concluded in
accordance with the law of such repealed section or sections.
Siic. 18. This act is declared to be severable, and should saving
ainy section hereof he hereafter declared unconstitutional or clause.
otherwise invalid, ile remainder of the act shall not 6e affected
thereby.
Approved June 2, 1927.
[No. 373.]
AN ACT to amend section twenty-five of chapter thirty of
act nuniber three hundred fourteen of tile public acts of
nineteen hundred fifteen, entitled “An act to revise an(d
consolidate the statutes relating to the organization and
jurisdiction of the courts of this state; the powers and
duties of such courts, and of the judges and other officers
thereof; the forms of civil actions; the time within which
civil actions and proceedings may be brought in said courts;
pleading, evidence, practice and procedure in civil actions
and proceedings in said courts; to provide remedies and
penalties for the violation of certain provisions of this act;
and to repeal all acts and parts of acts inconsistent with,
or contravening any of the provisions of this act,” being
section thirteen thousand two hundred fifty-three of the
compiled laws of nineteen hundred fifteen, as amended by
act number two hundred forty-three of the public acts of
nineteen hundred seventeen, and to add a new section thereto
to stand as section thirty-one.
The People of the State of Michigai enact:
SECTION 1. Section twenty-five of chapter thirty of act secuon
number three hundred fourteen of the public acts of nineteen amended.
PUBLIC ACTS, 1927-No. 373. 893
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256 JANUARY SESSION, 1927-CHAPTER 1052.
CHAPTER 1052.
H 729 A AN ACT TO REGULATE THE POSSESSION OF FIREARMS.
Approved
April 22, 1927. It is enacted by the General Assembly as follows:
Certain words SECTION 1. When used in this act the following and phrases, how construed: words and phrases shall be construed as follows:
“Pistol.” “Pistol” shall include any pistol or revolver, and
any shot gun, rifle or similar weapon with overall
length less than twenty-six inches, but shall not include
any pistol without a magazine or any pistol or revolver
designed for the use of blank cartridges only.
“Machine “Machine gun” shall include any weapon which gun.”
shoots automatically and any weapon which shoots
more than twelve shots semi-automatically without reloading.
“Firearm.” “Firearm” shall include any machine gun or pistol.
“Person.” “Person” shall include firm, association or corporation.
“Licensing “Licensing authorities” shall mean the board of po – authorities.” lice commissioners of a city or town where such board
has been instituted, the chief of police or superintendent
of police of other cities and towns having a regular
organized police force, and in towns where there is no
chief of police or superintendent of police it shall mean
the town clerk who may issue licenses upon the recommendation
of the town sergeant;
“Crime of “Crime of violence” shall mean and include any of
violence.”
the following crimes or an attempt to commit any of
the same, viz.: murder, manslaughter, rape, mayhem,
assault or battery involving grave bodily injury, robbery,
burglary, and breaking and entering.
“Sell” shall include let or hire, give, lend and trans-
“Purchase.” for, and the word “purchase” shall include hire, accept
“Purchasing.” and borrow, and the expression “purchasing” shall be
construed accordingly.”
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JANUARY SESSION, 1927-CHAPTER 1052.
SEc. 2. If any person shall commit or attempt to Additiona
commit a crime of violence when armed With or having under this act.
available any firearm, he may in addition to the punishment
provided for such crime of violence be pun.
ished as provided in this act. In the trial of a per- What to he
prima facie son for committing or attempting to commit a crime ieni of
Commit crime of violence the fact that he was armed with or had of violence.
available a pistol without license to carry the same, or
was armed with or had available a machine gun, shall
be prima facie evidence of his intention to commit said
crime of violence.
SEc. 3. No person who has been convicted in this Who tohe denied fire.
state or elsewhere of a crime of violence shall purchase, arms.
own, carry or have in his possession or under his control
any firearm.
SEc. 4. No person shall, without a license there. Caryingof
istol forfor,
issued as provided in section six hereof, carry a , except
pistol in any vehicle or concealed on or about his person,
except in his dwelling house or place of business
or on land possessed by him, and no person shall manufacture,
sell, purchase or possess a machine gun except Machine gun.
as otherwise provided in fhis act.
SEc. 5. The provisions of section four shall not ap- Se. 4 not to apply to
ply to sheriffs, deputy sheriffs, the superintendent and hom.
members of the state police, prison or jail wardens or
their deputies, members of the city or town police force
or other duly appointed law enforcement officers, nor to
members of the army, navy or marine corps of the
United States, or of the national guard, when on duty,
or of organizations by law authorized to purchase or
receive firearms from the United States or this state,
nor to officers or employees of the United States
authorized by law to carry a concealed firearm, nor to
duly authorized military organizations when on duty,
nor to the members thereof when at or going to or from
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258 JANUARY SESSION, 1927-CHAPTER 1052.
their customary places of assembly, nor to the regular
and ordinary transportation of pistols as merchandise,
nor to any person while carrying a pistol unloaded
in a wrapper from the place of purchase to his home
or place of business, or to a place of repair or back to
his home or place of business, or in moving goods from
one place or abode or business to another.
License to SEc. 6. The licensing authorities of any city or
carry con- cealed pistol uo ~iaino aio
may be issued, town shall upon application of any person having n
to whom, when
and how. bona fide residence or place of business within such
city or town, or of any person having a bona fide residence
or place of business within the United States
and a license to carry a pistol concealed upon his person
issued by the authorities of any other state or subdivision
of the United States, issue 4 license to such
person to carry concealed upon his person a pistol
within this state for not more than one year from date
of issue, if it appears that the applicant has good
reason to fear an injury to his person or property or
has any other proper reason for carrying a pistol, and
Iiense, that he is a suitable person to be so licensed. The
license shall be in triplicate, in form to be prescribed
by the attorney-general and shall bear the fingerprint,
name, address, description and signature of the
licensee i.nd the reason given for desiring a license.
Triplicae The original thereof shall be delivered to the licensee,
disposedho the duplicate shall within seven days be sent to the attorney-general
and the triplicate shall be preserved for
six years by the licensing authorities issuing said
Fee for license. A fee of two dollars may be charged and shall
license. be paid for each license, to the officer issuing the same.
Appl.can for Before issuing any such permit the applicant for
give bond. the same shall be required to give bond to the city
or town treasurer in the penal sum of three hundred
dollars, with surety satisfactory to the authority issuAdd.
27
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JANUARY SESSION, 1927-CHAPTER 1052.
ing such permit, to keep the peace and be of good
behavior. Every such permit shall be valid for one
year from the date when issued unless sooner revoked.
The fee charged for the issuing of such license or permit
shall be applied in accordance with ne provisions
of section thirty-three of chapter 401 of the general
laws.
SEC. 7. The attorney-general may issue a permit Attorneygeneral
may
to any banking institution doing business in this state to ir it institutions,
or to any public carrier who is engaged in the business etc,
of transporting mail, money, securities or other valuables,
to possess and use machine guns under such
regulations as the attorney-general may prescribe.
SEC. 8. It shall be unlawful within this state to Muffler or
silencer for
manufacture, sell, purchase or possess except for mill.bidde, irerfortary
or police purposes, any muffler, silencer or device
for deadening or muffling the sound of a firearm when
discharged.
SEC. 9. Any person, except a member of the state Possession or carrying,
police, the sheriff or his deputies, or a member of the of explosive b,
,’Iustance, police force of any city or town, or a member of the ..r noxious liquidgs
army, navy, or marine corps of the United States, or etc., foriden.
of the national guard or organized reserves when on
duty, who possesses, or carries on or about his person
or in a vehicle, a bomb or bomb shell, except for blasting
or other commercial use, or who, with intent to use
the same unlawfully against the person or property of
another, possesses or carries any explosive substance,
or any noxious liquid, gas or substance, shall be guilty
of a violation of this act and punished as hereinafter
provided.
SEC. 10. No property right shall exist in any firearm Certain fire- arms to be unlawfully possessed, carried or used, and all such fire- nuisances and ~forfeited.
arms are hereby declared to be nuisances and forfeited of or oited
to the state. When such forfeited firearms shall be firearms.
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REI'()UT 00′ IRIKIAIIMS (MiM M ITTEE
1’o /e Nalional fionferenice of (!omitissioners oln Uniform 8(Ile Laws:
The report of this committee at 1uffalo last year showed that
following the publication of the Uni form Firearms Act as approved
by the Conference and the Bar Association at Denver in
.Jily, 1926, some objections raised by the Police Commissioner of
New York City through Governor Whitman induced tle Executive
Committee of the COnference in January, 1927, to recommend
to the Conference the withholding of the act from presentation to
the states, and the recommitment of the matter to the Firearms
Committee for further study and report. (Handbook, 1927,
1
). 866.) In view of this action of the Executive Committee of
the Conference the Executive Committee of the American Bar
Association took under reconsideration the approval of the act,
this action being approved at the Buffalo meeting. (Bar Assn.
Reports, No. 52, 1927, p. 223.)
Thie Firearms Committee reported at the Buffalo meeting, outlining
its efforts to cooperate with the National Crime Commission,
which through a subcommittee had drafted and presented to
the legislatures the so-called Crime Commission Bill on the sub-
.iect o’ firearms regulation. The text of this was printed in display
with the text of the Uniform Act. It was pointed out that
the Crimes Commission had taken the Uniform Act as the basis
of its work, adopting a great deal of it, but with the addition of
some new matters, and the change of some of time principles of
the Uniform Act. (Handbook, 1927, pp. 866-914.) These matters
were also adverted to by President Young in his opeening address.
(Ibid. . 4 53.) In aecordance with the recommendations of tile
comimittee the Conference voted( as follows (Ibid., pp. 267-268,
91) :
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” 1. That in accordance with action already taken by the Executive
Committee the Uniform Firearms Act be withheld from presentation
to the legislatures initil further action of the Conference.
“2. That the committee on the Uniform Firearms Act be eontimmued
for the purpose of giving further consideration to the
objections thereto, for further study of other proposed legislation,
for further conferences with the committee of the National Crime
Commission, and for further report as to whether or not it is desirable
that the act be amended or retained in its present form, or
as to what definite disposition should be made thereof.”
With the Uniform Act thus back for consideration various meetings
have been held during the year between members of the
undersigned committee and members of the subcommittee of the
National Crime Cominission. The final joint meetings were in
Washington on April 26-27, 1928, at which were present on behalf
of your committee Judge Ailshie and Messrs. O’Connell and
Tmlay, and on behalf of the subcommittee of the Crime Commission
General J. Weston Allen and Mr. J. E. Baum, of tile American
Bankers Association.
As a result of these meetings and the separate attention given
to these matters by your own committee, both in persomnl conference
in Washington, and in an exchange of views by letter, your
committee has formulated a proposed revision, printed herewith,
of the Uniform Act, incorporaiting sonme of the new matter of the
Crime Commission Bill, but retaining the basic features of tile
Unirorm Act. In notes accompanying each section, which should
be studied in connection with the parallel references in the two
acts as printed in last year’s report (Handbook, 1927, pp. 878-
889), an attempt has been made to indicate the changes. Some
of tie matters of major importance may be summarized as follows:
1. The revision incorporates the new matter of tile Crime Commission
Bill on machine guns. Most of the firearms legislation
passed in the current year has been on the subject of machine
gns, e. g., General Laws of California of 1927, Oh. 552; Acts
and Resolves of Mass., 1927, Ch. 326; .Mich. Public Acts of 1927,
No. 372; N. J. Public Laws 1927, Ch. 95, p. 180. There has been
recent legislation on tile subject also in Iowa.
420
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2. The revision retains the principle of forbidding the carrying
of concealed weapons with strict regulations for identification,
but does not require a license to purchase as does the Crime Commission
Bill. This constitutes the basic difference between the
two acts. Upon this point your committee and the subcommittee
of the Crime Commission have been unable to agree.
3. The revision retains the method of the Uniform Act in providing
a general penalty section (S. 19) rather than, as in the
other act, placing penalty clauses within the various sections.
4. The revision, like the original act, does not fix mandatory
sentences, the matter of sentences being left open for the e.erciso
of discretion by the courts.
Upon the basic difference between the two acts mentioned above
your committee has bestowed much careful thought. The form of
regulation contained in the Uniform Act was adopted by the Conference
advisedly. That form is consistent with the forms of regulation
which have always obtained and now obtain in the states
generally, as the analysis of the subject in the second report of
this committee shows. (Handbook, 1925, pp. 854-898.) The system
of license to purchase has been for many years the law of
New York. It was adopted in Michigan in 1925, being reenacted
in the 1927 act mentioned above: it was also adopted in Massachusetts
in 1926. (Acts of 1926, Ch. 395.) Beyond those states
it has not gone, so far as this committee is advised.
This committee reaffirms the position heretofore taken on this
subject, that such a provision is not only out of line with legislative
precedents and experience, but is unenforceable. It would
make criminals out of law-abiding citizens, and would not be
obeyed by the lawless.
A bill drawn ver) much along the lines of this proposed revision,
was introduced into the United States Senate April 16, 1928,
by Senator Capper (S. 4086, 7Oth Cong.) as a local law for the
District of Columbia: the same bill was introduced into the House
of Representatives a few days later by Representative Frederick
J. Zihlnan of Maryland, a member of the District of Columbia
Committee (No. 13211). The bills are now under consideration
before the respective Committees on the District of Columbia of
the two houses.
Add. 31
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Your coninitice presents this revision for the coisideration of
the Conference and recommends its adoption as an act which preserves
the results achieved in the work heretofore done on the
Unifornm Act, and incorl)orates valuable new material from the
Crine Commission Act.
l1espect fully submitted,
.IOSEI’ iI 4
“. O’C(ONNIL,(i,, ihai’iawu,
JAMES le. AISIIEm,
(IIIAIIES V. IMLAY,
.1. 0. SErl,
li . 0J. SP1ETMI,
1). A. McDoua i,,
GEO1on. 13. MAliN,
IrAURY L. CRJAM.
A UNIFR()lM ACTi IW(GL 2 ATE VIle SALE AND
POSSESSION OF FIREAIMS
AN ACT MIEOULATING ‘riul SAbi,, TitANsviq AND POSSESSION OF
CREwTAIN FIREAMIS, PuIESCRIBJINO PE.NALTIES AND RULES OF
EVIDENCE, AND TO MAKE UNIFORM TIlE LAW WITIt IEEJIENCE
THERETO
1 SijxrioN 1. (Definitionis.) “Pistol,” as used in this act,
2 means any firearm with a barrel less than twelve inches in
3 length.
4 “Machine gun,” as used in this act, means any firearm
5 which shoots automatically and any firearm which shoots
6( more tlhan twelve shots semi-autonatically without reloading.
7 ” Person,” as used in this act, includes firm, association or
8 corporation.
9 ” Sell ” and ” purchase ” and the various derivatives of
10 such words, as used in this act, shall be construed to include
I1 letting on hire, giving, lending, borrowing, and otherwise
12 transferring.
13 ” Crime of violence,” as used in this act, mneans any of the
14 following crimes or an attempt to conllit any of the same,
1.4 uinely: ‘lurder, manslaughter, rape, mayhell, assault to do
16 great bodily harm, robbery, larceny, bnUrglary, aind house-
17 hreaking.
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Note: The words “or revolver ” are omit ted in the first definition and
at other places where they occur in the Uniform Act, as in the Crime
Commission Act, for greater simplicity.
The new definition of ” machine gun ” is substantially that of tile Crime
Commission Act.
The new definitions of “person ” and “sell and purchase ” are substantially
those of the Crime Commission Act.
1 SECTION 2. (Committing Crime When Armed.) If any
2 person shall commit a crime of violence when armed with or
:3 having readily available any pistol or other firearm, he may
4 in addition to the punishment provided for the crime be
5 punished also as provided by this act.
Note: The words ” or having readily available ” and ” or other firearm ”
are added from the Crime Commission Act.
1 SECTION 3. (Being Armed Prima Facie Evidence of In-
2 lent.) In the trial of a person for committing a crime of
3 violence the fact that he wits armed or had readily available
4 a pistol, and had no license to carry the same, or was armed
5 with or had readily available any other firearm having a total
6 length of less than twenty-six inches, or any machine gun,
7 slall be prinua facie evidence of his intention to commit such
c (rime of violence.
Note: The words “or had readily available” are added from the Crime
Commission Act: the words ” or wits armed with, etc.,” are adopted from
that act, to include firearms longer than twelve inches capable of being
concealed on the person and machine guns.
1 SECTION 4. (Persons Forbidden to Possess Certain Fire-
2 arms.) No person who has been convicted in this state or
:3 elsewhere of a crime of violence shall own a pistol or have one
I ill his possession or under his control.
Note: Tlhis seelion is substantially the saine is that of tlhe original
Uniform Act and of tlhe Crinm Commission Act, except that the latter
specifies % punishn l, which in this proposed revision as in tle original
Uniform Act is left for I general section.
I SECTION 5. (Carrying Pistol.) No person shall carry a
pistol ilu any vehicle or concealed on or about his person, ex-
:1 cet, in his dwelling house or place of business or on other
4t23
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•4 land possessed by him, without a license therefor issued as
5 hereinafter provided.
Note: This section is the same as that of the original Uniform Act
except that it incorporates the language of the corresponding Section 11
of the Crime Commission Act in making the prohibition against carrying,
pistols in vehicles absolute.
I Sicrno.x 6. (Exceptions.) The provisions of the preced-
2 ing section shall not apply to marshals, sheriffs, prison or
3 jail wardens or their deputies, policemen or other duly ap-
‘4 pointed law-enforcement officers, or to members of the army,
5 navy, or marine corps of the United States or of the national
6 guard or organized reserves when on duty, or to the regu-
7 larly enrolled members of any organization duly authorized
8 to purchase or receive such weapons from the United States
9 or front this state, provided such members are at or are going
10 to or from their places of assembly or target practice, or to
11 officers or employees of the United States duly authorized to
12 carry a concealed pistol, or to any person engaged in the busi-
13 ness of manufacturing, repairing, or dealing in firearms or
14 the agent or representative of any such person having in his
15 possession, using, or carrying a pistol in the usual or ordinary
16 course of such business, or to any person while carrying a
17 pistol unloaded and in a secure wrapper from the place of
18 purclmase to his home or place of business or to a place of
19 repair or back to his home or place of business or in moving
20 goods from one place of abode or business to another.
Note: This section remains the same as that of the original Uniform
Act with a few modifications introduced from the corresponding Section 12
of the Crime Commission Act.
1 SECTION 7. (Issue of Licenses io Carry.) [The justice
2 of a court of record, the chief of police of a city or town, and
3 the sheriff of a county or the persons authorized by any of
4 them] shall, upon the application of any person having a
5 boua fide residence or place of business within the jurisdic-
6 tion of said licensing authority or of any person having a
7 bonn fide residence or place of business within the United
S States and a license to carry a pistol concealed upon his per-
9 son issued by the lawful authorities of any state or subdivi-
424
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10 sion of the United States, issue a license to such person to
11 carry a pistol within this state for not more than one year
12 from date of issue, if it appears that the applicant has good
13 reason to fear injury to his person or property or has any
14 other proper reason for carrying a pistol and that he is a
15 suitable person to be so licensed. The license shall be in tripli-
16 cate in form to be prescribed by the [Secretary of State] and
17 shall bear the name, address, description, photograph, and
18 signature of the licensee and the reason given for desiring a
19 license. The original thereof shall be delivered to the licensee,
20 the duplicate shall within seven days be sent by registered
21 mail to the [Secretary of State] and the triplicate shall be
22 preserved for six years by the authority issuing said license.
Note: This section remains substantially as in the original Uniform Act
and as in Section 10 of the Crime Commission Act.
1 SECTION 8. (Selling Io Minors and Others.) No person
2 shall sell any pistol to a person who he has reasonable cause
3 to believe is not of sound mind, or is a drug addict, or is a
4 person who has been convicted in the District of Columbia or
5 elsewhere of a crime of violence, or, except when the relation
6 of parent and child or guardian and ward exists, is under
7 the age of eighteen years.
Note: This section has been expanded to include in addition to infants
the other disqualified persons named in the corresponding Section 7 of the
Cime Commission Act.
I S4c’rio\- 9. (Transfers Regulated.) No seller shall de-
2 liver a pistol to the purchaser thereof until forty-eight hours
3 shall have elapsed from the time of the application for the
4 purchase thereof, and, when delivered, said pistol shall be
5 securely wrapped and shall be unloaded. At the time of ap-
6 plying for the purchase of a pistol the purchaser shall sign
7 in triplicate and deliver to the seller a statement containing
8 his full name, address, occupation, color, place of birth, the
9 date and hour of application, the caliber, make, model, and
10 manufacturer’s number of the pistol to be purchased and a
11 statement that he has never been convicted in this state or
12 elsewhere of a crime of violence. The seller shall within six
425
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13 hours after such application sign and attach his address and
14 forward by registered mail one copy of such statement to the
15 chief of police of the city or town or the sheriff of the county
16 of which the seller is a resident; the duplicate the seller shall
17 within seven days send with his signature and address to the
18 [Secretary of State] ; the triplicate he shall retain for six
19 years. This section shall not apply to sales at wholesale.
Note: This section las It.;vii modifivd to require forty-eight instead of
twenty-four hours to clapse from t li time of application till the time of
delivery of a weapon. A provision is also inserted for a more immedinte
notice to the police.
I Smc’riox 10. (Dealers to be Licensed.) No retail dealer
2 shall sell or expose for sale or have in his possession with in-
:1 tent to sell any pistol without being licensed as hereinafter
‘I. prov’ided.
Note: ‘I’his section renoiins in sibst ance the Same as in the original
Ulniforim Act, xcept that with Ithe new iatters of definition adopted from
the Crime Coimiission Act it confornis in language to Section 0 thereof.
1 SiEu’Irox 11. (Dealers’ Licenscs, by Whom Granted and
2 (onhitions Thereof.) The diuly constituted licensing autlhori-
3 ties of any city, town, or political subdivision of this state
4 may grant licenses in form prescribed by the [Secretary of
5 State] effective for not more than one year from date of issue,
6 periting the licensee to sell pistols at retail within this
7 stlte subject to the following conlditions in addition to those
8 specified in Section 9 hereof, for breach of any of which the
9 license sha lie subjeec to forfeiture and the licensee subject
It) to punishnlenit, as provided ill this act:
II I. The business shall be carried on only i the building
12 designated in tIme license.
13 2. The license or it copy thereof, certified by lie issuing
14 authority, shall be displayed on the premises where it call
.15 easily be read.
16 3. No pistol shall be sold (a) if the seller has reasonable
17 cause to believe that the purchaser is not of sound mind or
18 is a drug addict or has been convicted in this state or else-
19 where of a crime of violence or is under the age of eighteen
426
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20 years, or (b) unless the purchaser is personally known to
21 the seller or shall present clear evidence of his identity.
22 4. A true record in triplicate shall be made of every pistol
23 sold, said record to be made in a book kept for the purpose,
24 the form of which may be prescribed by the [Secretary of
25 State] and shall be personally signed by the purchaser and
26 by the person effecting the sale, each in the presence of the
27 other, and shall contain the date of sale, the caliber, make,
28 model, and manufnacturer’s number of the weapon, the name,
29 address, occupation, color, and place of birth of the purchaser,
30 and a statement signed by the purchaser that lie has never
3t been ,onvicted in this state or elsewhere of a crime of ‘io-
32 lence. One copy of said record shall within six homurs be sent
33 by registered mail to the chief of police of the city or town
34 or the slrill’ of the county of which the dealer is a resident;
35 the duplicate the dealer shall within seven days send to the
36 [Secretary of Statei ; the triplicate the dealer shall retain for
37 six years.
38 5. No pistol or imitation thereof or )lacard advertising the
39 sale thereof shall be displayed in any part of said premises
40 where it can readily be seen from the outside.
‘1 No license to sell at retail shall be granted to anyone except
42 as provided in this section.
Note: This section remains sulbstIltially the sime as the original
Section 11 and Section 6 of the Crime Commission Act, except that it
incorporates, like Section 9 hereof, it provision for a more immediate notice
by the dealer to the police.
1 SECTIOI 12. (False Information Forbidden.) No person
2 shall, in purchasing a pistol or in applying for a license to
3 carry the same, give false information or offer false evidence
4 of his identity.
Note: This section remains practically the saine as the same section in
the original Uniform Act and as Section 13 of the Crime Commission Act,
except that the latter makes special mention therein of ‘a penalty.
1 Si.crio 13. (Alteration of Identifying Marks Pro-
2 hibited.) No person shall change, alter, remove, or obliterate
3 the mnnie of the mnaker, model, mantm facturer’s nnlaber, or other
,4 nrk of identification o any pistol. Possession of ally pistol
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5 upon which any such mark shall have been changed, altered,
6 removed, or obliterated shall be prima facie evidence that the
7 possessor has changed, altered, removed, or obliterated the
8. same.
Note: This section remains the same as in the original Uniform Act and
in the corresponding Section 18 of the Crime Commission Act.
1 SECTION 14. (Existing Licen.ses Revoked.) All licenses
2 heretofore issued in this state permitting the carrying of
:1 pistols shall expire at midnight of the – day of
.t 19-.
Note: his section remains the same as in the original Uniform Act and
in Section 23 of the other act.
I SECTIO’rN 15. (Exceptionts.) This act shall not apply to
2 antique pistols unsuitable for use as firearms and possessed
:1 as curiosities or ornaments.
Note: This section is the same in substance as in the original act, but
it adopts from th, corresponding Section 22 of the other act the words
“and possessed as curiosities or ornaments.”
l SECTION 16. (Pawning of Pistols I’rol~ibited.) No per-
2 son shall make any loan secured by mortgage, deposit, or
3 pledge of a pistol.
Note: This is a new section, adopting the substance of Section 8 of the
Crime Commission Act.
I SEcrIO 17. (Machine Guns.) No person shall possess
2 any machine gun. This section shall not apply to any foreign
3 government nor to members of the army, navy, or marine
4 corps of the United States, or of the national guard or organa
ized reserves when on duty, nor to the Post Office Department
6 or its employees when on duty, nor to duly appointed law-
7 enforcement officers, nor to banking institutions established
8 under the laws of the United States, nor to public carriers
9 who are engaged in the business of transporting mail, money,
10 securities, or other valuables.
Note: This is a new section, incorporating the provisions of Sections 14
and 15 of the Crime Commission Act.
1 SECTION 18. (Aclt Supersedes Local Laws.) The provi-
2 sions of this act shall be effective and controlling throughout
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3 this state, notwithstanding the provisions of any local law
4 or ordinance.
Note: This section remains the sanie as Section 16 of the original act
and is the same in substance as Section 26 of the Crime Commission Act.
1 SEcTION 19. (Petities.) Any violation of any provi-
2 sion of this act shall constitute an offense punishable by a
3 fine of not more than [$- ] or imprisonment for not more
4 than r – 1 or both, or by imprisonment in the peniten-
5 tiary for not less than [- ] nor more than [- ].
1 SECTIoN 20. (Constitutionality.) If nniy part of this act
2 is for any reason declared void, such invalidity shall not a[-
:’ feet the validity of the remaining portion of this act.
I SECTION ’21. (Short Title.) This aet may be cited as
2 “Uniform Firearms Act.”
1 SECTION 22. (Effective Date.) This act shall take effect
2 on the – day of , 19-.
1 SrCTIoN 23. (Certain Acts Repealed.) All laws or parts
2 of laws inconsistent herewith are hereby repealed.
Note: The above sections remain the sanit as Sections 17-21 in the
original Uniform Act. Section 25 of the Crime Commission Act adopts
Section 20. Section 24 of that act has a provision for a general penalty
where none is otherwise specified, but as penalties are generally specified
throughout the Crime Commission Act, Section 24 thereof differs from
Section 19 hereof, which declares penalties for the whole act. This method
was adopted advisedly by the Conference, as a more scientific way to deal
with the subject of penalties.
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PR.IMINAL CODE
owner or by destroying it or disposing of it according to the laws of the
State of Illinois. Any officer of the law violating the provisions of this
section is guilty of a misdemeanor and subject to a fine of not less than
$100 nor more than $500, or imprisonment in the county jail for not
less than one month nor more than six months, or both such line and
imprisonment.
Ai,Prtovi-D July 3, 1931. (Smith-llurd, p. 1030)
MACHINE GUNS.
t1. Definitions. # 4. Register to be kept.
2. ‘nlawful sale, possessirn, . etc.- § 5. Penalties.
Exceptions. 1 6. Search warrants.
:1. ltegulnti|ion, for ianufaclOrer’s § 7. Committing crime when armed
mi merchants. , with machine gun-Penalty.
(SENATE .1.” , No. 18. Ai’aiitovED JriY 2, 1931.)
.N Ac” to rcytdah” the sade, possession aml traoisportation of machine
ums.
Be it enacted by the People of the State of Illinois, represented in
the General Assembly:
SEtCTION 1. For purposes of this Act the term “machine gun” applies
to and includes all firearms commonly known as machine rifles,
machine guns and sub-machine guns of any calibre whatsoever, capable
of automatically discharging more than eight cartridges successively
without reloading, in which the ammunition is fed to such gun from or
by means of clips, disks, belts, or other separable mechanical device.
The term “manufacturer” shall apply to and include all persons
manufacturing machine guns; and
The term “merchant” shall apply to and include all persons dealing
with machine guns as merchandise.
§ 2. It is unlawful for any person to sell, keep or offer for sale,
loan or give away, purchase, possess, carry or transport any machine
gun within this State, except that
1. Slhriffs, constables, marshals, police officers and other duly appointed
peace officers may purchase, possess, carry and transport niachine
guns.
2. The provisions of this Act shall not apply to the Army, Navy,
(r Marine Corps of the United States. the National Guard, and organizations
authorized by law to purchase or receive machine guns from
the United States, or from this State. and the members of such Corps,
National Guard and organizations while on duty, may possess, carry
and transport machine guns.
:3. Persons, organizations or institutions possessing war relics may
purchase and possess machine guns which are relics of any war in
which the United States was involved, may exhibit and carry such
machine guns in the parades of any military organization, and may
sell, offer to sell, loan or give such machine guns to other persons, organizations
or institutions possessing war relics.
4. Guards or messengers employed by common carriers, banks and
trust companies. and pay-roll guards or messengers may possess and
carry machine guns while actuallv employed in and about the shipment,
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CIRIMINAL. (I)E
transportation or delivery, or in the guarding of anv money, treasure,
bullion, bonds or other thing of value, and their employers may pur- chase or receive machine guns and keep them in their possessioln when
uch guns are not being used by such guards or messengers.
5. Manufacturers and mcrchants may sell, keep or offer for sale,
loan or give away, purchase, possess and transport, machine guns. in
the same manner as other merchandise except as hereinafter provided,
and common carriers may possess and transport unloaded machine
guns. as other merchandise.
§ 3. No manufacturer or merchant shall permit any machine gull
to pass from his possession to the possesion of any person other than
1. A manufacturer or a merchant.
2. A common carrier for shipment to a manufacturer or merchant.
3. A duly authorized agent of the g,,vernment of the United States,
or of this State, acting in his official capacity.
A. A person authorized to purchase a machine gut under the provisions
of exceptions I and 4 of section 2 of this Act.
Manufacturers or merchants shall not deliver a machine gun to
any of the persons authorized to purchase such gun under the provisions
of exceptions I and 4 of section 2 hereof, unless such person presents
a written permit to purchase and possess a machine gun, signed by the sheriff of the county wherein such manufacturer or nerchaut
has his place of business or delivers such machine gun. The manufacturer
or merchant shall retain such permit and keep it on file in his
place of business. Each sheriff shall keep a record of all such permits
issied by him.
§ -. Every manufacturer or merchant shall keep a register of all
machine guns manufactured or handled by him. This register shall
show the (latc of the sale, loan, gift, delivery or receipt of any machine
gun, the name, address and occupation of the person to whom the
machine gun was sold, loaned, given or delivered, or from whom it
was received, and the purpose for which the person to whom the machine
gun was sold, loaned, given or delivered, purchased or obtained
said machine gun.
[poll demand, every manufacturer or merchant shall permit any sheriff or deputy sheriff, or any police officer to inspect his entire stock
nf machine guns, parts and supplies therefor, and shall produce the
register herein required and all written permits to purchase or possess
a machine gun, which he has retained and filed in his place of blusiness,
for inspection by such officer.
§ 5. Any manufacturer or merchant who
1. Passes possession of a machine gun to any l)person not autho rized
to purchase and’or possess such gull under the provisions hereof
; or
2. ]Passes possession of a machine gun to a lerson authorized to
purchase a machine gun tnder the provisions of exceptions I and 4 of
section 2 of this Act, without first recciving the written perini if a
sheriff, as herein required ; or
:1. Fails to keep an accurate register, a.s proided in section -1: ir
4. Fails, or is unable to produce or accoumt for a sheriff’s permit
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454 CRIMINAL CODE
for each machine gun sold by him for which a permit is necessary
under the provisions of section 3 hereof, upon conviction, shall be
punished by imprisonment in the penitentiary for not less than one nor
more than five years.
Any other person who sells, keeps or offers for sale, loans or
gives away, purchases, possesses, carries or transports any machine
gun within this State, except as authorized by this Act, upon conviction,
shall be imprisoned in the penitentiary for not less than one nor
more than ten years.
Whoever, having been convicted of murder, robbery, burglary or
assault with intent to commit a felony, thereafter violates any of the
provisions of this Act, upon conviction, shall be imprisoned in the
penitentiary for not less than three nor more than ten years.
§ 6. Warrants to search any house or place and seize any machine
gun possessed in violation of this Act, may issue in the same manner
and under the same restrictions as is provided by law in the case of
personal property stolen, and the court upon application of the State’s
attorney shall have jurisdiction to order any machine gun so illegally
possessed and seized, delivered to any officer, department or agency of
the State or political subdivision of the State authorized by this Act to
possess machine guns or to order the same sold to any person authorized
to possess the same the proceeds to be covered into the treasury
of the county in which the violation occurred.
§ 7. 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.
APPROvED July 2, 1931.
MOB VIOLIENCIE.
I 1. Amends sections 4 and 5, Act of
1905.
4. Damage by violence-Pen- 15. Heirs of victims may re- alty ,- Action against cover from municipality. mun icipality.
(HousH BILL No. 974. Ai-RraovD JULY 3, 1931.)
AN ACT to amend sections 4 and 5 of “An Act to suppress mob violence,”
approved May i6, 1905.
Be it enacted by the People of the State of Illinois, represented in
the (;eneral Assembly:
SECTION 1. Sections 4 and 5 of “An Act to suppress mob violence,”
approved May 16, 1905, are amended to read as follows:
§ 4. Any person or persons composing a mob under the provisions
of this Act, who shall by violence inflict material damage to the property
or serious injury to the person of any other person upon the pretense
of exercising correctional powers over such person or persons,
by violence and without authority of law, shall be deemed guilty of a
felony, and shall suffer imprisonment in the penitentiary not exceeding
live years; and any person so suffering material damage to pro)erty
or injury to person by a mob shall have an action against the county,
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650 72d CONGRESS. SESS. . CHS. 464,465. JULY 8,1932.
States, for the purpose of having such communication delivered by
the post-office establishment of such foreign country to the post-office
establishment of the United States and by it delivered to such
addressee in the United States, and as a result thereof such communication
is delivered by the post-office establishment of such
foreign country to the post-office establishment of the United States
and by it delivered to the address to which it is directed in the
Punishment for. United States, then such person shall be punished in the same manner
P1rovso. and to the same extent as provided in section 1 of this Act: Provided, ursdicti on. That any person violating this section may be prosecuted either in the
district into which such letter or other communication was carried
by the United States mail for delivery according to the direction
thereon, or in which it was caused to be delivered by the United
States mail to the person to whom it was addressed.
Approved, July 8, 1932-
[CHAPTER 465.] AN ACT
Iil 8, 1032.
[H . 8754.-1 To control the possession, sale, transfer and use of pistols and other dangerous
[Public, No. 275.] weapons in the District of Columbia, o provide penalties, to prescribe rules of
evidence, and for other purposes.
Unauthorized use, eto.,ofpitols and other Be it enacted by tke Senate and House of Representatives of the
oDistrlct of co umbi. United States of America C ongress assmbled,
Definitions. DEFINITIONS
“Pistol.” SEcTION 1. “Pistol,” as used in this Act, means any firearm with
“Sawed-off shot a barrel less than twelve inches in length.
gun.,, “Sawed-off shotgun,” as used in this Act, means any shotgun with
iMachine g= a barrel less than twenty inches in length.
“Machine gun,” as used in this Act means any firearm which
shoots automatically or semiautomatically more than twelve shots
“Person.” without reloading.
“Person,” as used in this Act, includes, individual, firm, association,
,”Sell and ,,pur- or corporation.
chase,” etc. “Sell” and “purchase” and the various derivatives of such words,
as used in this Act, shall be construed to include letting on hire,
” giving, lending, borrowing, and otherwise transferring.
,’Cme of volene.” “Crime of violence ” as used in this Act, means any of the following
crimes, or an attempt to commit any of the same, namely: Murder,
manslaughter, rape, mayhem, maliciously disfiguring another, abduction,
kidnaping, burglary, housebreaking, larceny, any assault with
intent to kill, commit rape, or robbery, assault with a dangerous
weapon, or assault with intent to commit any offense punishable by
imprisonment in the penitentiary.
COMMITTING CRIME WHEN ARMED
Committing crime of
violence when armed. SEC. 2. If any person shall commit a crime of violence in the
Punishment for. District of Columbia when armed with or having readily available
any pistol or other firearm, he may, in addition to the punishment
provided for the crime, be punished by imprisonment for a term of
not more than five years; upon a second conviction for a crime of
violence so committed he may, in addition to the punishment provided
for the crime, be punished by imprisonment for a term of not
more than ten years; upon a third conviction for a crime of violence
so committed he may, in addition to the punishment provided for the
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72d CONGRESS. SESS. I. CH. 465. JULY 8, 1932. 651
crime, be punished by imprisonment for a term of not more than
fifteen years; upon a fourth or subse4uent conviction for a crime of
violence so committed he may, in addition to the punishment provided
for the crime be punished by imprisonment for an additional period
of not more than thirty years.
Persons forbidden to
PERSONS FORBIDDEN TO POSSESS CERTAIN FIREARMS possess certain firs. arms.
SEc. B. No person who has been convicted in the District of Colum- Convicted of a crime.
bia or elsewhere of a crime of violence shall own or have in his
possession a pistol, within the District of Columbia.
CARRYING CONCEALED WEAPONS
Iegl y aring,
SEc. 4. No person shall within the District of Columbia carry et.,dCrousweapon.
concealed on or about his person, except in his dwelling house or place
of business or on other land possessed by him, a pistol, without a
license therefor issued as hereinafter provided, or any deadly or
dangerous weapon.
Exceptions. EXCEPTION S
S 5 T he . – — Law enforcement ofSEC.
5. The ~rovisions of the preceding section shall not apply to Scars.
marshals, sheriffs, prison or jail wardens, or their deputies, policemen . an, or Mor
other duly appointed law-enforcement officers, or to members of rne Cores.
the Army, Na, or Marine Corps of the United States or of the National Guard,
National Guard or Organized Reserves when on duty, or to the etc-,on duty.
regularly enrolled members of any organization duly authorized to Other oganizatio
purchase or receive such weapons from the United States provided c . t ol
such members are at or are going to or from their places ol assembly assmb aeso.
or target practice, or to officers or employees of the United States
duly authorized to carry a concealed pistol, or to any person engaged
in the business of manufacturing, repairing or dealing in firearms, Manufacturer, et
or the agent or representative of any suc person having in his
possession, using, or carrying a pistol in the usual or ordinary course
of such business or to any person while carrying a pistol unloaded
and in a secure wrapper from the place of purchase to his home or
place of business or to a place of repair or back to his home or place
of business or in moving goods from one place of abode or business to
another.
ISSUE OF LICENSES TO CARRY
SEC. 6. The superintendent of police of the District of Columbia Lonea.
may, upon the application of any person having a bona fide residence
or place of business-within the District of Columbia or of any person
having a bona fide residence or place of business within the United
States and a license to carry a pistol concealed upon his person issued
by the lawful authorities of any State or subdivision of the United
States, issue a license to such person to carry a pistol within the
District of Columbia for not more than one year from date of issue,
if it appears that the applicant has good reason to fear injury to his
person or property or has any other proper reason for carrying a
pistol and that he is a suitable person to be so licensed. The license
shall be in duplicate, in form to be prescribed by the Commissioners
of the District of Columbia and shall bear the name, address, description,
photograph, and signature of the licensee and the reason given
for desiring a license. The original thereof shall be delivered to the
licensee, and the duplicatZ shall be retained by the superintendent
of police of the District of Columbia and preserved in his office for
six years.
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652 72d CONGRESS. SESS. I. CH. 465. JULY 8, 1932.
SELLING TO MINORS AND OTHERS
o to ‘ – – SEC. 7. No person shall within the District of Columbia sell any
pistol to a person who he has reasonable cause to believe is not of
sound mind, or is a drug addict, or is a person who has been convicted
in the District of Columbia or elsewhere of a crime of violence or
except when the relation of parent and child or guardian and ward
exists, is under the age of eighteen years.
TRANSFERS IEGULATED
Time, etc., provi- SEC. 8. No seller shall within the District of Columbia deliver
a pistol to the purchaser thereof until forty-eight hours shall have
elapsed from the time of the application for the purchase thereof,
except, in the case of sales to marshals, sheriffs, prison or jail wardens
or their deputies, policemen, or other duly appointed law-enforcement
officers, and, when delivered, said pistol shall be secirely wrap- ped and shall be unloaded. At the time of applying for the purchase
RegiAto be kept. Of a pistol the purchaser shall sign in duplicate and deliver to the
seller a statement containing his full name, address, occupation, color,
place of birth, the date and hour of application, the caliber, make,
model and manufacturer’s number of the pistol to be purchased and a statement that he has never been convicted in the District of
Columbia or elsewhere of a crime of violence, The seller shall, within
six hours after such application, sign and attach his address and
deliver one copy to such person or persons as the superintendent of
L13DftoUOt police of the District of Columbia may designate, and shall retain the
other copy for six years. No machine gun, sawed-off shotgun, or
blackjack shall be sold to any person other than the persons designated
in section 14 hereof as entitled to possess the same, and then
only after permission to make such sale has been obtained from the
Wholeade trade. superintendent of police of the District of Columbia. This section
shall not apply to sales at Wholesale to licensed dealers.
DEALMS TO BE LICENSED
n0sed. o – SEc. 9. No retail dealer shall within the District of Columbia sell
or expose for sale or have in his possession with intent to sell, any pistol, machine gun, sawed-off shotgun, or blackjack without being
licensed as hereinafter provided. No wholesale dealer shall within
the District of Columbia, sell, or have in his possession with intent
to sell, to any person other than a licensed dealer, any pistol, machine
gun, sawed-off shotgun, or blackjack.
DEALERS’ LICENSES, BY WHOM GRANTED AND CONDITIONS THEREOI
Conditions, ete., for
isuungdeaers’ licensee. SEC. 10. The Commissioners of ‘the District of Columbia may, in
A7U, p. 558. their discretion,, grant licenses and may prescribe the form thereof,
effective for not more than one year from date of issue, permitting
the licensee to sell pistols, machine guns, sawed-off shotguns, and
blackjacks at retail within the District of Columbia subject to the
following conditions in addition to those specified in section 9 hereof,
for breach of any of which the license shall be subject to forfeiture
and the licensee subject to punishment as provided in this Act.
1. The business shall be carried on only in the building designated
in the license.
2. The license or a copy thereof, certified by the issuing authority,
shall be displayed on the premises where it can be easily read.
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72d CONGRESS. SESS. I. CH. 465. JULY 8, 1932.
B. No pistol shall be sold (a) if the seller has reasonable cause to
believe that the purchaser is not of sound mind or is a drug addict
or has been convicted in the District of Columbia or elsewhere of a
crime of violence or is under the age of eighteen years, and (b)
unless the purchaser is personally known to the seller or shall present
clear evidence of his identity. No machine gun, sawed-off shotgun,
or blackjack shall be sold to any person other than the persons
designated in section 14 hereof as entitled to possess the same, and
then only after permission to make such sale has been obtained
from the superintendent of police of the District of Columbia.
4. A true record shall be made in a book kept for the purpose
the form of which may be prescribed by the Commissioners, of all
pistols, machine guns, and sawed-off shotguns in the possession of
the licensee, which said record shall contain the date of purchase, the
caliber, make, model, and manufacturer’s number of the weapon,
to which shall be added, when sold, the date of sale.
5. A true record in duplicate shall be made of every pistol,
machine gun, sawed-off shotgun, and blackjack sold, said record to
be made in a book kept for the purpose, the form of which may be
prescribed by the Commissioners of the District of Columbia and
shall be personally signed by the purchaser and by the person effecting
the sale, each in the presence of the other and shall contain the
date of sale, the name, address, occupation, color, and place of birth
of the purchaser, and, so far as applicable, the caliber, make, model,
and manufacturer’s number of the weapon, and a statement signed
by the purchaser that he has never been convicted in the District of
Columbia or elsewhere of a crime of violence. One copy of said
record shall, within seven days, be forwarded by mail to the superintendent
of police of the District of Columbia and the other copy
retained b7 the seller for six years.
6. No pistol or imitation thereof or placard advertising the sale
thereof shall be displayed in any part of said premises where it can
readily be seen from the outside. No license to sell at retail shall
be granted to anyone except as provided in this section.
FPALE INFORMATION FORBMDDEN
SEC. 11. No person, shall, in purchasing a pistol or in applying for a license to carry the same, or in purchasing a machine gun,
sawed-off shotgun, or blackjack within the District of Columbia,
give false information or offer false evidence of his identity.
ALTERATION OF IDENTIITNG MARKS PROHIBITED
SEC. 12. No person shall within the District of Columbia change,
alter, remove, or obliterate the name of the maker, model, manufacturer’s
number, or other i-ark or identification on any pistol,
machine gun, or sawed-off shotgun. Possession of any pistol,
machine gun, or sawed-off shotgun upon which any such mark shall
have been changed, altered, removed, or obliterated shall be prima
facie evidence that the possessor has changed, altered, removed, or
obliterated the same within the District of Columbia: Provided,
however, That nothing contained in this section shall apply to any
officer or agent of any of the departments of the United States or
the District of Columbia engagedin experimental work.
EXCEPTIONS
658
Records.
Display, et., forbidden.
False information or evidence forbidden.
Alteration, etc., of
identification marke,
prohibited.
Proviso.
Experimental work.
SEC. 13. This Act shall not apply to toy or antique pistols unsuit- Toy etc., excepted.
able for use as firearms.
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654 72d CONGRESS. SESS. I. CHS. 465,466. JULY 8,1932.
POSSESSION OF CERTAIN DANGEROUS WEAPONS
Possession of certain SEC. 14. No person shall within the District of Columbia possess any
biddos weapons for- machine gun, sawed-off shotgun, or any instrument or weapon of the
kind commonly known as a blackjack, slung shot, sand club, sandbag,
or metal knuckles, nor any instrument, attachment, or appliance for
causing the firing of any firearm to be silent or intended to lessen or
Proviso. muffle the noise of the firing of any firearms: Provided however, Exceptions. That machine guns, or sawed-off shotguns, and blackjacis may be
possessed by the members of the Army, Navy, or Marine Corps of
the United States, the National Guard, or Organized Reserves when
on duty, the Post Office Department or its employees when on duty, marshals, sheriffs, prison or jail wardens, or their deputies, policemen,
or other duly appointed law-enforcement officers, officers or employees
of the United States duly authorized to carry such weapons, banking institutions, public carriers who are engaged in the business of transporting
mail, money, securities, or other valuables, wholesale dealers
and retail dealers licensed under section 10 of this Act.
PENALTIES
Punishment for vio- SEC. 15. Any violation of any provision of this Act for which no lations. penalty is specifically provided shall be punished by a fine of not
more than $1,000 or imprisonment for not more than one year, or
both.
CONSTITUTIONALITY
Invalidity of any SEc. 16. If any part of this Act is for any reason declared void, provision not to affect
remainder, such invalidity shall not affect the validity of the remaining portions of this Act.
CERTAIN ACTS REPEALED
Vol. 31, p. 1328, repealed. SEC. 17. The following sections of the Code of Law for the District
of Columbia, 1919, namely, sections 855, 856, and 857, and all other
Acts or parts of Acts inconsistent herewith, are hereby repealed.
Approved, July 8, 1932.
ICHAPTER 466.1
iuly 8, 1932.
II.I. les. 462.1
[Pub. Ras., No. 35.]
World War veterans.
Appropriation for, to prvd. tranportatio
vmDistritof Columbia
to their homes.
Post, p. 701.
Proviso.
Credited as a loan.
JOINT RESOLUTION
Making an approprIntion to provide transportation to their homes for veterans
of the World War temporarily quartered in the District of Columbia.
Resolved by the Senate and House of Representatives of the United
States of Alneriea in Congress assembled, That to enable the Administrator
of Veterans’ Affairs, upon the request of any honorably discharged veteran of the World War, temporarily quartered in the
Distridt of Columbia, who is desirous of returning to his home, to
provide such veteran with railroad transportation thereto prior to
July 15, 1932, together with travel subsistence at the rate of 75 cents
per day, there is ‘hereby appropriated, out of any money in the
Treasury not otherwise appropriated, the sum of $100,000: Provided,
That all amounts expended under this appropriation in behalf of any
veteran shall constitute a lean without interest which, if not repaid
to the United State:, shall be deducted from any amounts payable
to such veteran on his adjusted-service certificate.
Approved, July 8, 1932.
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336
Section 2. That all laws or parts of laws in conflict with
or inconsistent with the provision of this Act be and the
same are hereby repealed.
Approved by the Governor: July 7, 1932.
A true copy:
E. A. CONWAY,
Secretary of State.
ACT No. 79.
House Bill No. 753. By Mr. Bauer.
AN ACT
Authorizing the Louisiana Highway Commission, with the
approval of the Governor, to sell, at public or private
sale, automobile, trucks, tractors, engineering implements,
road machinery, and, all other equipment owned
by the Commission and not actually in use for any public
purpose, or when the use to which the same was devoted,
or the use for which the same was acquired, has in fact
been abandoned or discontinued, and repealing all laws
in conflict herewith.
Louisiana Highway Section 1. Be it enacted by the Legislature of Louisiana,
idoisos auth or That the Louisiana Highway Commission, with the approval
automobiles, trucks, of the Governor, is hereby authorized to sell and dispose of, tractors. etc. at public or private sale, for such price and on such terms
as it may deem best any automobiles, trucks, tractors, engineering
implements, road machinery and all other equipment
of whatsoever nature or kind, owned by the Commission
and not actually used for any public purpose, or when
the use to which the same was devoted or the use for which
the same was acquired, has in fact been abandoned or discontinued.
Section 2. That all laws or parts of laws in conflict herewith
be and the same are hereby repealed.
Approved by the Governor: July 7, 1932.
A true copy:
E. A. CONWAY,
Secretary of State.
ACT No. 80.
House Bill No. 424. By Mr. Gilmore,
(By request). AN ACT
To regulate the sale, possession and transportation of
machine guns, and providing a penalty for a violation
hereof; providing, further, that any one who has been
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337
convicted of murder, robbery, burglary, or assault with
intent to commit a felony, who violates any of the provisions
of this Act, shall be guilty of a felony and punished
as provided in this Act.
Section 1. Be it enacted by the Legislature of Louisiana, Definitions.
“That for the purpose of this Act the term “machine gun”
applies to and include all firearms commonly known as
machine rifles, machine guns and sub-machine guns of any
calibre whatsoever, capable of automatically discharging
more than eight cartridges successively without reloading,
in which the ammunition is fed to such gun from or by
means of clips, disks, belts, or other separable mechanical
device.
The term “manufacturer” shall apply to and include all
persons manufacturing machine guns;
The term “merchant” shall apply to and include all persons
dealing with machine guns as merchandise.
Section 2. It is unlawful for any person to sell, keep or Prohibiting the sale
and possession of offer for sale, loan or give away, purchase, possess, carry machine guns.
or transport any machine gun within this State, except
that:
1. Sheriffs, constables, marshals, police officers and other
duly appointed peace officers may purchase, possess, carry
and transport machine guns.
2. The provisions of this act shall not apply to the Army,
Navy, or Marine Corps of the United States, the National
Guard, and organizations authorized by law to purchase or
receive machine guns from the United States, or from this
State, and the members of such Corps, National Guard and
organizations while on duty, may possess, carry and transport
machine guns.
3. Persons, organizations or institutions possessing war
relics may purchase and possess machine guns, which are
relics of any war in which the United States was involved,
may exhibit and carry such machine guns in the parades of any military organization, and may sell, offer to sell, loan
or give such machine guns to other persons, organizations
or institutions possessing war relics.
4. Guards or messengers employed by common carriers,
banks and trust companies, and pay-roll guards or messengers
may possess and carry machine guns while actually employed in and about the shipment, transportation or
delivery, or in the guarding of any money, treasure, bullion,
bonds or other thing of value and their employers may pur- chase or receive machine guns and keep them in their pos- session when such guns are not being used by such guards
or messengers.
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338
5. Manufacturers and merchants may sell, keep or offer
for sale, loan or give away, purchase, possess and transport,
machine guns, in the same manner as other merchandise
except as hereinafter provided, and common carriers may
possess and transport unloaded machine guns, as other merchandise.
In possession of Section 3. No manufacturer or merchant shall permit manufacturers and
merchants, any machine gun to pass from his possession to the possession
of any person other than:
1. A manufacturer or a merchant.
2. A common carrier for shipment to a manufacturer or
merchant.
3. A duly authorized agent of the government of the
United States, or of this State, acting in his official capacity.
4. A person authorized to purchase a machine gun under
the provisions of exceptions 1. and 4 of Section 2 of this Act.
Manufacturers or merchants shall not deliver a machine
gun to any of the persons authorized to purchase such gun
under the provisions of exceptions 1 and 4 of Section 2
hereof, unless such person presents a written permit to
purchase and possess a machine gun, signed by the sheriff
of the parish wherein such manufacturer or merchant has
his place of business or delivers such machine gun. The
manufacturer or merchant shall retain such permit and
keep it on file in his place of business. Each sheriff shall
keep a record of all such permits issued by him
Register to be kept Section 4. Every manufacturer or merchant shall keep by manufacturer and
merchant, a register of all machine guns manufactured or handled by
him. This register shall show the date of the sale, loan, gift,
delivery or receipt of any machine gun, the name, address
and occupation of the person to whom the machine gun was
sold, loaned, given or delivered, or from whom it was
received, and the purpose for which the person to whom
the machine gun was sold, loaned, given or delivered, purchased
or obtained said machine gun.
Upon demand, every manufacturer or merchant shall
permit any sheriff or deputy sheriff, or any police officer
to inspect his entire stock of machine guns, parts and supplies
therefor, and shall produce the register herein required
and all written permits to purchase or possess a
machine gun, which he has retained and filed in his place
of business, for inspection by such officers.
Section 5. Any manufacturer who:
Penalty for viola- 1. Passes possession of a machine gun to any person not
tion by manufacturer. authorized to purchase or possess such gun under the provisions
hereof; or
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339
2. Passes possession of a machine gun to a person authorized
to purchase a machine gun under the provisions of
exceptions 1 and 4 of Section 2 of this Act, without first
receiving the written permit of a sheriff, as herein required;
or
3. Fails to keep an accurate register, as provided in Section
4; or
4. Fails, or is unable to produce or account for a sheriff’s
permit for each machine gun sold by him for which a
permit is necessary under the provisions of Section 3
hereof, shall be guilty of a felony, and upon conviction shall
be punished by imprisonment in the State penitentiary at
hard labor for not less than one nor more than five years.
Any person who sells, keeps or offers for sale, loans or
gives away, purchases, possesses, carries or transports any
machine gun within this State, except as authorized by this
Act, shall be guilty of a felony, and upon conviction shall
be imprisoned in the State Penitentiary, at hard labor, for
not less than one nor more than ten years.
Section 6. Whoever, having been convicted of murder, Penalty for comrobbery,
burglary or assault with intent to commit a felony, mitting felony.
thereafter violates any of the provisions of this Act, shall
be guilty of a felony, and upon conviction shall be imprisoned
in the State Penitentiary, at hard labor, for not less
than three nor more than ten years.
Approved by the Governor: July 7, 1932.
A true copy:
E. A. CONWAY,
Secretary of State.
ACT No. 81.
House Bill No. 67. By Mr. Stich.
AN ACT
To provide for the payment to any Judge of the Civil District
Court for the Parish of Orleans of two-thirds pay,
when he shall retire from active service as a member of
said Court as authorized by the provisions of Section 8
of Article VII of the Constitution of 1921, and to require the City of New Orleans to budget and appropriate such
sums as may be necessary to comply with the provisions of this Act.
Section 1. Be it enacted by the Legislature of Louisiana, Pay for retired
That whenever any Judge of the Civil District Court for tr of Civil Dfrthe
Parish of Orleans shall retire from active service as a the Parish of Orleans.
member of said Court, as authorized by the provisions of
Section 8 of Article VII of the Constitution of 1921, said
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substance or matter of any kind which is injurious to person
or property, or is nauseous, sickening, irritating or offensive
to any of the senses.
(2) It shall be unlawful to manufacture or prepare, or to
possess any liquid, gaseous, or solid substance or matter of any
kind which is injurious to person or property, or is nauseous,
sickening, irritating or offensive, to any of the senses with
intent to throw, drop, pour, deposit, relese, discharge or
expose the same in, upon or about any theater, restaurant,
place of business, place of amusenent, or any other place of
public assemblage.
(3) Penalty. Any person violating any of the provisions renety.
hereof shall be punished by imprisonment in the county jail
for not less than three months and not more than one year, or
by a fine of not less than five hundred dollars and not more
than two thousand dollars, or by both such fine and imprisonment.
(4) Any person who, in violating any of the provisions of t_ ertain ,soa
subdivision (1) of this section, wilfully employs or uses anyg,,,et,.
liquid, gaseous or solid substance which may produce serious
illness or permanent injury through being vaporized or otherwise
disbursed in the air or who, in violating any of the provisions
of subdivision (1) of this section, wilfully employs or
uses any tear gas, mustard gas or any of the combinations or
compounds thereof, or wilfully employs or uses acid or explosiver,
shall be guilty of a felony and shall be punished by renaty.
imprisonment in the State prison for not less than one year and
not more than five years.
CHAPTER 450.
An act to amend sections 1, 2, 3, 6, and 7 of an act entitled Stats. 1027.
“An act regulating the sale, offering for sale, possession or P” 638,
transportation of machine rifles, maehine guns and sub- amended,
machine guns, and providing a penalty for the violation
thereof,” approved May 16, 1927.
[Approved by the Governor May 20, 1933. In effect August 21, 1933.1
The people of the State of California do enact as follows:
SECTION 1. Section 3 of the act cited in the title hereof is state. 1031.
hereby amended to read as follows: p. 2203.
See. 3. It shall be lawful for the Superintendent of the Permits re
Division of Criminal Identification and Investigation of the “Ine
Department of Penology to issue permits for the possessionguns.
and transportation or possession or transportation of such
machine guns, upon a showing satisfactory to him that good
cause exists for the issuance thereof to the applicant for such
permit; provided, that no permit shall be issued to a person
who is under twenty-one years of age.
Ch. 450] FIFTIETHI SESSION 1169
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STATUTES OF CALIFORNIA
state. 181, SEc. 2. Section 1 of said act is hereby amended to read as
p. 2208. follows:
Possession Section 1. On and after the date upon which this act takes or sale of
Maebine effect every person, firm or corporation, who within the State
V. of California sells, offers for sale, possesses or knowingly transports
any firearms of the kind commonly known as a machine
gun, except as herein prescribed, is guilty of a public offense
and upon conviction thereof shall be punished by imprisonment
in the State Prison not to exceed five years or by a fine
not to exceed five thousand dollars or by both such fine and
imprisonment.
Exceptions. Provided, however, that nothing in this act contained shall
prohibit the sale to, purchase by, or possession of such firearms
by police departments and members thereof, sheriffs, and city
marshals, or the military or naval forces of this State or of
the United States for use in the discharge of their official
duties.
stats. 1927. SEC. 3. Section 2 of said act is hereby amended to read
p. 088. as follows:
Mabins See. 2. The term machine gun as used in this act shall be
1n defined. construed to apply to and include all firearms known as
machine rifles, machine guns, or submachine guns capable of
discharging automatically and continuously loaded ammunition
of any caliber in which the ammunition is fed to such
gun from or by means of clips, discs, drums, belts or other
separable mechanical device and all firearms which are automatically
fed after each discharge from or by means of clips,
discs, drums, belts or other separable mechanical device having
a capacity greater than ten cartridges.
“tu. 1031, SEC. 4. Section 6 of said act is hereby amended to read
P. 220., as follows:
Revocation See. 6. Permits issued in accordance with this act may be
of permits. revoked by the issuing authority at any time when it shall
appear that the need for such firearms has ceased or that the
holder of the permit has used such firearms for purposes other
than those allowed by the permit or that the holder of the
permit has not exercised great care in retaining custody of
stats. 1031, any weapons possessed under the permit.
P. 2208. SEC. 5. Section 7 of said act is hereby amended to read
as follows:
Ileenses See. 7. The Superintendent of the Division of Criminal
to sell. Identification and Investigation of the Deartment of Penology
may also grant licenses in a form to be prescribed by him
effective for not more than one year from the date of issuance,
to permit the sale at the place specified in the license of such
firearm subject to all of the following conditions, upon breach
of any of which the license shall be revoked:
conditions. 3. Such business shall be carried on only in the place designated
in the license.
2. Such license or a certified copy thereof must be displayed
on the premises in a place where it may easily be read.
1170 [Ch. 450
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3. No such firearm shall be delivered to any person not
authorized to receive the same under the provisions of this act.
4. A complete record must be kept of sales made under the
authority of the license, showing the name and address of the
purchaser, the descriptions and serial numbers of the weapons
purchased, the number and date of issue of the purchaser’s
permit, if any, and the signature of the purchaser or purchasing
agent. This record shall be open to the inspection of any
peace officer or other person designated by the Superintendent
of the Bureau of Criminal Identification and Investigation.
CHAPTER 451.
An act to amend section 4041.11 of the Political Code, relating
to powers and duties of boards of stpervisors.
[Approved by the Governor May 20, 1933. In effect August 21, 1933.]
The people of the State of California do enact as follows:
SECTION 1. Section 4041.11 of the Political Code is hereby state. 1929,
amended to read as follows: P. 1450.
4041.11. (1) Under such limitations and restrictions asPound,,
are prescribed by law, and in addition to jurisdiction and etc.
powers otherwise conferred, the boards of supervisors, in their
respective counties, shall have the jurisdiction and powers to
maintain, regulate and govern public pounds, fix the limits
within which animals shall not run at large, and appoint
poundkeepers, who shall be paid out of the fines imposed and
collected from the owners of impounded animals, and from no
other source.
(2) To provide for the prevention of injuries to sheep by Protecteou
dogs, and to tax dogs and direct the application of the tax. of sheep.
(3) To provide for the destruction of gophers, squirrels, ruts.
other wild animals, noxious weeds, plant diseases, and insects
injurious to fruit or fruit Lees, or vines, or vegetable or plant
life.
(4) To provide by ordinances, not in conflict with the gen- Pmteod
eral laws of the State, for the protection of fish and game, and game.
may shorten the season for taking or killing of fish and game,
within the dates fixed by the general State laws, but shall not
lengthen the same.
Ch. 451] FIFTIETH SESSION 1171
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OF MINNESOTA FOR 1933
corrected thereby, and shall be certified by the proper officers of
the municipality as to authorization and by an engineer or surveyor
as to correctness, and the signatures of such persons shall be
acknowledged in like manner as a. deed.
Such plat or plats when so certified and acknowledged may be
filed in the office of the register of deeds and the declaration thereon
may be recorded at length in a “Book of Plat Certificates”; and
when so filed and recorded such plat or plats and declaration together
with the record thereof shall be prima facie evidence in all
matters shown or stated therein as to the lands covered thereby.
This act shall not apply to a city whose charter provides for
.official supervision of plats by municipal officers, commission or
board.
Approved April 10, 1933.
CHAPTER 189-H. F. No. 166
An act to amend Mason’s Minnesota Statutes of 1927, Section
7456, relating to renewal of corporate existence.
Be it enacted by the Legislature of the State of Minnesota:
Section 1. Publication of notices of renewal of corporate
existence.-That Mason’s Minnesota Statutes of 1927, Section
7456, be amended so as to read as follows:
. “7456. No such resolution shall take effect until a duly certified
copy thereof shall have been filed, recorded, and published in the
same manner as its original certificate. Provided, that in the case
of a co-operative association, it shall not be necessary to publish
said resolution.”
Approved April 10, 1933.
CHAPTER 190-H. F. No. 189
An act making it unlawful to use, own, possess, sell, control or
transport a “machine gun”, as hereinafter defined, and providing a
penalty for the violation thereof.
188]1 231
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SESSION LAWS
Be it enacted by the Legislature of the State of Minnesota:
Section 1. Definitions.-(a) Any firearm capable of loading
or firing automatically, the magazine of which is capable of holding
more than twelve cartridges, shall be a machine gun within the provisions
of this Act.
(b) Any firearm capable of automatically reloading after each
shot is fired, whether firing singly by separate trigger pressure or
firing continuously by continuous trigger pressure; which said firearm
shall have been changed, altered or modified to increase the
magazine capacity from the original design as manufactured by
the manufacturers thereof, or by the addition thereto of extra
and/or longer grips or stocks to accomodate such extra capacity,
or by the addition, modification and/or attachment thereto of any’
other device capable of increasing the magazine capacity thereof,
shall be a machine gun within the provisions of this Act.
(c) A twenty-two caliber light sporting rifle, capable of firing
continuously by continuous trigger pressure, shall be a machine
gun within the provisions of this Act. But a twenty-two caliber
light sporting rifle, capable of automatically reloading but firing
separately by separate trigger pressure for each shot, shall not be a
machine gun within the provisions of this Act and shall not be
prohibited hereunder, whether having a magazine capacity of twelve
cartridges or more. But if the same shall have been changed,
altered, or modified, as prohibited in section one (b) hereof, then
the same shall be a machine gun within the provisions of this Act.
Sec. 2. Application.-This Act shall not apply to sheriffs,
coroners, constables, policemen or other peace officers, or to any
warden, superintendent or head keeper of any prison, penitentiary,
county jail or other institution for retention of any person convicted
of or accused of crime, while engaged in the discharge of official
duties, or to any public official engaged in the enforcement of law;
nor to any person or association possessing a machine gun not
useable as a weapon and possessed as a curiosity, ornament or
keepsake; when such officers and persons and associations so excepted
shall make and file with the Bureau of Criminal Apprehension
of this state within 30 days after the passage of this Act,
a written report showing the name and address of such person or
association and the official title and position of such officers and
showing a particular description of such machine gun now owned
or possessed by them or shall make such report as to hereinafter
acquired machine guns within 10 days of the acquisition thereof;
nor to any person legally summoned to assist in making arrests
or Preserving peace, while said person so summoned is engaged in
assisting such officer; nor shall this Act apply to the armed forces
of the United States or of the State of Minnesota.
232 [Chap.
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OF MINNESOTA FOR 1933
Sec. 3. Machine guns prohibited.-Any person who shall
own, control, use, possess, sell or transport a machine gun, as herein
defined, in violation of this Act, shall be guilty of a felony.
Approved April 10, 1933.
CHAPTER 191-S. F. No. 336
An act to amend Mason’s Minnesota Statutes of 1927, Section
646 relating to claims against counties.
Be it enacted by the Legislature of the State of Minnesota:
Section 1. Claims against county-appeal.-That Mason’s
Minnesota Statutes of 1927, Section 646, be amended to read as
follows:
“646. When any claim against a county is disallowed by the
board in whole or in part, a claimant may appeal from its decisions
to the district court by causing a written notice of such appeal to
be filed in the office of the auditor within fifteen days after
written notice mailed to said claimant by the county auditor showing
the disallowance of said claim and giving security for costs,
to be approved by the auditor, who shall forthwith hotify the county
attorney thereof. When any claim against a county shall be allowed
in whole or in part by such board, no order shall be issued in
payment of the same or any part thereof until after fifteen days
from date of the decision; and the county attorney may, on behalf
and in the name of such county, appeal from such decision to the
district court, by causing a written notice of such appeal to be
filed in the office of the auditor within fifteen days after date of
the decision appealed from; or any seven taxpayers of the county
may in their own names appeal from such decision, to the district
court by causing a written notice of appeal stating the grounds
thereof to be filed in the office of the auditor within fifteen days
after the date of the decision appealed from, and giving to the
claimant security for his costs and disbursements to be approved by
a judge of the district court; and thereafter no order shall be
issued in payment of any such claim until a certified copy of the
judgment of the court shall be filed in the office of the auditor.
Upon the filing of such notice of appeal, the court shall acquire
jurisdiction of the parties and of the subject matter, and may
compel a return to be made as in the case of an appeal from a
judgment of a justice of the peace.
Approved April 10, 1933.
190] 233
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Passed March 30, 1933.
Approved April 6, 1933.
GEORGE WHITE,
Governor.
The sectional number herein is in conformity to the General Code.
JouN W. BRICKER, A torney General
Filed in the office of the Secretary of State at Columbus, Ohio, on
the xoth day of April, A. D. 1933.
GEORGE S. MYERS,
Secretary of State. File No. 63.
(House Bill No. 16)
AN ACT
To supplement section 12819 of the General Code by the enactment of
supplemental sections 12819-3, 128194, 12819-5, 12819-6 and
12819-7, relative to the sale and possession of machine guns.
Be it enacted by the General Assembly of the State of Ohio:
SEcTION I. That section 128i9 of the General Code be supplemented
by the enactment of sections 12819-3, 12819-4, i2819-5, i2819-6
and 12819-7, to read as follows:
Definitions.
Sec. 12819-3. For the purpose of this act, a machine gun, a light
machine gun or a sub-machine gun shall be defined as any firearm which
shoots automatically, or any firearm which shoots more than eighteen
shots semi-automatically without reloading. Automatically as above used
means that class of firearms which, while the trigger on the firearm is held
back continues to fire successive shots. Semi-automatically means that
class of firearm which discharges one shot only each time the trigger is
pulled, no manual reloading operation being necessary between shots.
Machine gun permit; application; bond of applicant; exceptions.
Sec. 12819-4. No person shall own, possess, transport, have custody
of or use a machine gun, light machine gun or sub-machine gun, unless
he first procures a permit therefor from and at the discretion of the
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adjutant general of Ohio, who shall keep a complete record of each permit
so issued. A separate permit shall be obtained for each gun so owned,
possessed or used. The adjutant general shall require each applicant for
such permit to give an accurate description of such weapon, the name of
the person from whom it was or is to be obtained, the name of the person
or persons to have custody thereof and the place of residence of the
applicant and the custodian. Before obtaining such permit each applicant
shall give bond to the state of Ohio, to be approved by the adjutant general
in the sum of five thousand dollars, conditioned to save the public
harmless by reason of any unlawful use of such weapon while under the
control of such applicant or under the control of another with his consent;
and any person injured by such improper use may have recourse on said
bond. Provided, however, that this section shall not affect the right of
the national guard of Ohio, sheriffs, regularly appointed police officers of
incorporated cities and villages, regularly elected constables, wardens and
guards of penitentiaries, jails, prisons, penal institutions or financial institutions
maintaining their own police force and such special officers as
are now or may be hereafter authorized by law to possess and use such
weapons when on duty. Any person who owns, possesses or has custody
of a machine gun, light machine gun or sub-machine gun at the time
when this section shall become effective, shall have thirty days thereafter
in which to comply with the provisions of this section.
Penalty for possession, transportation, etc., without permit.
Sec. 12819-5. Whoever owns, possesses, transports or has custody
of or uses a machine gun, light machine gun or sub-machine gun
without a permit, as provided by section 12819-4 of the General Code,
or whoever having such permit, uses or consents to the use by another of
such weapon in an unlawful manner, shall be guilty of a felony and upon
conviction thereof, shall be imprisoned in the penitentiary not less than
one nor more than ten years.
Requirements for sale, etc.; penalty for violation.
Sec. 12819-6. Whoever sells, barters or gives to another a machine
gun, light machine gun or sub-machine gun, shall first require exhibition
of the permit provided by section 12819-4 of the General Code, and shall
use the information contained in such permit to make a complete record
of such transaction, containing the date of the permit and of the transfer
together with the names of the parties thereto, which record shall be preserved
by such transferor for a period of five years. Whoever violates
this section shall, upon conviction, be imprisoned in the penitentiary not
less than one or more than five years. This section shall not apply to
the barter or sale of machine guns, light machine guns or sub-machine
guns to those not required by section 12819-4 of the General Code to
procure such permit.
War trophies excepted.
Sec. 12819-7. This act shall not apply to captured war trophies
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If the witness is summoned to attend and testify in the criminal
prosecution in this state he shall be tendered the sum of ten cents a
mile for each mile by the ordinary traveled route to and from the
court where the prosecution is pending and five dollars for each day
that he is required to travel and attend as a witness. A witness who
has appeared in accordance with the provisions of the summons shall
not be required to remain within this state a longer period of time than
the period mentioned in the certificate.
Section 3. EXEMPTION FROM ARREST AND SERVICE OF PROCESS.
If a person comes into this state in obedience to a summons
directing him to attend and testify in a criminal prosecution in this state
he shall not while in this state pursuant to such summons be subject to
arrest or the service of process, civil or criminal, in connection with
matters which arose before his entrance into this state under the sumions.
If a person passes through this state while going to another state
in obedience to a summons to attend and testify in a criminal prosecution
in that state or while returning therefrom, he shall not while so
passing through this state be subject to arrest or the service of process,
civil or criminal, in connection with matters which arose before his
entrance into this state under the summons.
Section 4. UNIFORMITY OF INTERPRETATION. This act shall
be so interpreted and construed as to effectuate its general purpose to
make uniform the law of the states which enact it.
Section 5. SHORT TITLE. This act may be cited as “Uniform Act
to Secure the Attendance of Witnesses from Without the State in Criminal
Cases.”
Section 6. REPEAL. Chapter 158 of the Session Laws of South
Dakota of 1923 is hereby repealed.
Approved February 28, 1933.
CHAPTER 206
(S. B. 165)
ENACTING UNIFORM MACHINE GUN ACT
AN ACT Entitled, An Act Relating to Machine Guns, and to Make Uniform the
Law with Reference Thereto.
Be It 1AEacted by the Legislature of the State of Soutlh Dakota:
Section 1. DEFINITIONS. “Machine Gun” applies to and includes
a weapon of any description by whatever name known, loaded or unloaded,
from which more than five shots or bullets may be rapidly, or
automatically, or semi-automatically discharged from a magazine, by
a single function of the firing device.
“Crime of Violence” applies to and includes any of the following
crimes or an attempt to commit any of the same, namely, murder,
manslaughter, kidnapping, rape, mayhem, assault to do great bodily
Ch. 206 UNIFORM LAWS 245
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harm, robbery, burglary, housebreaking, breaking and entering, and
larceny.
“Person” applies to and includes firm, partnership, association or
corporation.
Section 2. Possession or use of a machine gun in the perpetration
or attempted perpetration of a crime of violence is hereby declared to
be a crime punishable by imprisonment in the state penitentiary for a
term of not more than twenty years.
Section 3. Possession or use of a machine gun for offensive or aggressive
purpose is hereby declared to be a crime punishable by imprisonment
in the state penitentiary for a term of not more than fifteen
years.
Section 4. Possession or use of a machine gun shall be presumed
to be for offensive or aggressive purpose:
(a) When the machine gun is on premises not owned or rented
for bona fide permanent residence or business occupancy, by the person
in whose possession the machine gun may be found; or
(b) when in the possession of, or used by, an unnaturalized foreign-born
person, or a person who has been convicted of a crime of
violence in any court of record, state or federal, of the United States
of America, its territories or insular possessions; or
(c) when the machine gun is of the kind described in Section 8
and has not been registered as in said section required; or
(d) when empty or loaded pistol shells of 30 (.30 in. or 7.63 mm.)
or larger caliber which have been or are susceptible of use in the machine
gun are found in the immediate vicinity thereof.
Section 5. The presence of a machine gun in any room, boat, or
vehicle shall be evidence of the possession or use of the machine gun
by each person occupying the room, boat, or vehicle where the weapon
is found.
Section 6. EXCEPTIONS. Nothing contained in this act shall pro- hibit or interfere with
1. the manufacture for, and sale of, machine guns to the military
forces or the peace officers of the United States or of any political subdivision
thereof, or the transportation required for that purpose;
2. the possession of a machine gun for scientific purpose, or the
possession of a machine gun not usable as a weapon and possessed as
a curiosity, ornament, or keepsake;
3. the possession of a machine gun other than one adapted to use
pistol cartridges of 30 (.30 in. or 7.63 mm.) or large caliber, for a purpose
manifestly not aggressive or offensive.
Section 7. Every manufacturer shall keep a register of all machine
guns manufactured or handled by him. This register shall show the
model and serial number, date of manufacture, sale, loan, gift, delivery
or receipt, of every machine gun, the name, address, and occupation of
246 UNIFORM LAWS Ch. 206
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UNIFORM LAWS
the person to whom the machine gun was sold, loaned, given or delivered,
or from whom it was received; and the purpose for which it was
acquired by the person to whom the machine gun was sold, loaned,
given or delivered, or from whom received. Upon demand every manufacturer
shall permit any marshal, sheriff or police officer to inspect
his entire stock of machine guns, parts, and supplies therefor, and
shall produce the register, herein required, for inspection. A violation
of any provision of this section shall be punishable by a fine of not
more than five hundred dollars, or by imprisonment in the county jail, for not exceeding six months or by both such fine and imprisonment.
Section 8. Every machine gun now in this state adapted to use
pistol cartridges of 30 (.30 in. or 7.63 mm.) or larger caliber shall be
registered in the office of the Secretary of State, on the effective date
of this act, and annually thereafter. If acquired hereafter it shall be
registered within 24 hours after its acquisition. Blanks for registration
shall be prepared by the Secretary of State, and furnished upon application.
To comply with this section the application as filed must show
the model and serial number of the gun, the name, address and occupation
of the person in possession, and from whom and the purpose for
which, the gun was acquired. The registration data shall not be subject
to inspection by the public. Any person failing to register any gun as
required by this section, shall be presumed to possess the same for
offensive or aggressive purpose.
Section 9. Warrant to search an house or place and seize any machine
gun adapted to use pistol cartridges of 30 (.30 in. or 7.63 mm.) or
larger caliber possessed in violation of this act, may issue in the same
manner and under the same restrictions as provided by law for stolen
property, and any court of record, upon application of the State’s
Attorney, shall have jurisdiction and power to order any machine gun,
thus or otherwise legally seized, to be confiscated and either destroyed or
delivered to a peace officer of the state or a political subdivision thereof.
Section 10. If any provision of this act or the application thereof
to any person or circumstances is held invalid, such invalidity shall not
affect other provisions or applications of the act which can be given
effect without the invalid provision or application, and to this end the
provisions of this act are declared to be severable.
Section 11. UNIFORMITY OF INTERPRETATION. This act shall
be so interpreted and construed as to effectuate its general purpose to
make uniform the law of those states which enact it.
Section 12. SHORT TITLE. This act may be cited as the Uniform
Machine Gun Act.
Section 13. REPEAL. All acts or parts of acts which are in conflict
with or inconsistent with the provisions of this act are hereby repealed.
Approved February 28, 1933.
Ch. 206 247
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FORTY-THIRD LEGISLATURE-FIRST CALLED SESSION. 219
the said Rule is hereby suspended, and that this Act take effect
and be in force from and after its passage, and it is so enacted.
[NOTE.-H. B. No. 45 passed the House by a vote of 109
yeas, 0 nays; passed the Senate by a vote of 29 yeas, 0 nays.1
Approved October 25, 1933.
Effective October 25, 1933.
ANTI-MACHINE GUN LAW.
H. B. No. 64.] CHAPTER 82.
An Act defining “machine gun” and “person”; making it an offense to
possess or use machine guns; making it an offense to sell, lease, barter,
give, exchange, trade or cause to be sold, leased, given, bartered, exchanged
or traded a machine gun to any person; providing penalty for
possessing machine gun; providing penalty for selling, leasing, bartering,
giving, exchanging, trading or causing to be sold, leased, given, bartered,
exchanged or traded a machine gun to any person; providing exceptions
where machine guns are sold to the military forces or peace officers of
the United States or any political subdivision thereof, and the transportation
thereof; providing exceptions when the possession of machine guns
for scientific purposes or possession of machine guns not usable as a
weapon and possessed as a curiosity, ornament or keepsake, and possession
of machine guns by officials or employees of the State Prison System;
providing exceptions where machine guns are sold, leased, bartered,
exchanged or given the Adjutant General of the State of Texas, the
Sheriff of any county, the Chief of Police of a municipality, the purchasing
agent for the Texas State Prison System; the military forces or
peace officers of the United States, and declaring an emergency.
Be it enacted by the Legislature of the State of Texas:
SECTION 1. Definition. “Machine gun” applies to and includes
a weapon of any description by whatever name known,
loaded or unloaded, from which more than five (5) shots or
bullets may be automatically discharged from a magazine by a
single functioning of the firing device.
“Person” applies to and includes firm, partnership, association
or corporation.
SEC. 2. Whosoever shall possess or use a machine gun, as
defined in Section 1, shall be guilty of a felony and upon conviction
thereof, shall be confined in the State Penitentiary, for
not less than two (2) nor more than ten (10) years.
SEC. 3. Whoever shall sell, lease, give, barter, exchange, or
trade, or cause to be sold, leased, given, bartered, exchanged, or
traded, a machine gun as hereinabove defined to any person
shall be guilty of a felony and upon conviction thereof, shall be
confined to the State Penitentiary, for not less than two (2) rior
more than ten (10) years.
SEC. 4. Nothing contained in Section 2 of this Act shall prohibit
or interfere with:
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GENERAL AND SPECIAL LAWS.
1. The possession of machine guns by the military forces
or the peace officers of the United States or of any political subdivision
thereof, or the transportation required for that purpose.
2. The possession of a machine gun for scientific purpose,
or the possession of a machine gun not usable as a weapon and
possessed as a curiosity, ornameut, or keepsake
3. The possession of machine guns by officials and employees
of the Texas State Prison System.
SEC. 5. Nothing contained in this Act shall prohibit or
interfere with the sale, lease, barter, exchange or gift of a
machine gun as defined in this Act. or the transportation
required for such purpose to the Adjutant General of the State
of Texas, the duly qualified and commissioned Sheriff of a
county in Texas, to a duly qualified and commissioned Chief of
Police of any municipality within the State of Texas, the duly
authorized purchasing agent for the Texas State Prison System,
the military forces or peace officers of the United States.
SEC. 6. The fact that there are many gangsters purchasing
machine guns in Texas, causing a menace to the citizenry of
Texas, creates an emergency and imperative public necessity
that the Constitutional Rule requiring bills to be read on three
several days be suspended, and said Rule is hereby suspended,
and this Act shall take effect and be in force from and after its
passage, and it is so enacted.
[NOTE.-H. B. No. 64 passed the House by a vote of 121
yeas, 0 nays; passed the Senate by a vote of 30 yeas, 0 nays.]
Approved October 25, 1933.
Effective October 25, 1933.
SALARIES OF COMMISSIONERS IN CERTAIN COUNTIES.
H. B. No. 88.1 CHAPTER 83.
An Act anending Article 2350, Chapter 44 of the Revised Civil Statutes
of the State of Texas, 1925, as amended by Act of the Thirty-ninth Legislature,
Regular Session, Chapter 135, Section 1; and as amended by Act
of the Fortieth Legislature, Page 135, Chapter 490, Section 1; and as
amended by Act of the Fortieth Legislature, First Called Session, Page 138, Chapter 16, Section 1; and as amended by House Bill Number 555,
Chapter 216, Page 727, Acts of the Forty-third Legislature, Regular Sossion,
relating to the salaries of County Commissioners in certain Counties;
providing that if any part of this Act be declared unconstitutional
it shall not aflect any remaining part, and declaring an emergency.
Be it enacted by the Legislature of the State of Texas:
SECTMON 1. That Article 2350, Chapter 44 of the Revised
Civil Statutes of the State of Texas, 1925, as amended by Act
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STATUTES AT LARGE
(801) No. 731.
AN ACT Regulating the Use and Possession of Machine
Guns
Section 1. “Machine Gun” Defined.-Be it enacted by
the General Assembly of the State of South Carolina: For the purpose
of this Act the word “machine gun” applies to and includes
all firearms commonly known as machine rifles, machine guns and
sub-machine guns of any calibre whatsoever, capable of automatically
discharging more than eight cartridges successively without reloading,
in which the ammunition is fed to such gun from or by
means of clips, disks, belts, or other separable mechanical device.
§ 2. Transportation of Machine Gun.-It shall be unlawful
for any person or persons in any manner to transport from
one place to another in this State, or from any railroad company,
or express company, or other common carrier, or any officer, agent,
or employe of any of them, or any other person acting in their
behalf knowingly to ship or to transport from one place to another
in this State in any manner or by any means whatsoever, except as
hereinafter provided, any firearm as described hereinabove or commonly
known as a machine gun.
§ 3. Storing, Keeping, and/or Possessing Machine Gun.
-It shall be unlawful for any person to store, keep possess, or
have in possession, or permit another to store, keep possess, or have
in possession except as hereinafter provided, any firearm of the
type defined above or commonly known as a machine gun.
§ 4. Selling, Renting or Giving away Machine Gun.-
It shall be unlawful for any person to sell, rent, or give away, or
be interested directly or indirectly, in the sale, renting or giving
away, or otherwise disposing of any firearm of the type above described
or commonly known as a machine gun. .
§ 5. Exceptions-Register Machine. Guns.-The provisions
of this Act shall not apply to the army, navy, or marine
corps of the United States, the National Guard, and organizations
authorized by law to purchase or receive machine guns from the
United States, or from this State, and the members of such corps.
National Guard and organizations while on duty or at drill, may
possess, carry and transport machine guns, and, Provided, further,
That any peace officer of the State, counties or political sub-division
thereof. State Constable, member of the Highway patrol, railway
policemen, warden, superintendents, headkeeper or deputy of any
1288 [Act 731
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OF SOUTH CAROLINA
State prison, penitentiary, workhouse, county jail, city jail, or other
institution for the detention of persons convicted or accused of
crime, or held as witnesses in criminal cases, or persons on duty
in the postal service of the United States, or common carrier while
transporting direct to any police department, military or naval organization,
or person authorized by law to possess or use a machine
gun, may possess machine guns when required in the performance
of their duties, nor shall the provisions of this Act be construed
to apply to machine guns kept for display as relics and which are
rende red harmless and not usable. Within thirty days after the
passage of this Act every person permitted by this Act to possess
a machine gun or immediately after any person is elected to or
appointed to any office or position which entitles such person to
possess a machine gun, shall file in the office of the Secretary of
State on a blank to be supplied by the Secretary of State on application
therefor, an application to be properly sworn to, which
shall be approved by the Sheriff of the county in which the applicant
resides or has its principal place of business, which shall include
the applicant’s name, residence and business address, description including
sex, race, age, weight, height, color of eyes, color of hair,
whether or not ever charged or convicted of any crime, municipal,
State or otherwise, and where, if so charged, and when same was
disposed of. The applicant shall also give the description including
the serial number and make of the machine gun which he possesses
or desires to possess. Thereupon, the Secretary of State shall file
such application in his office, registering such applicant together with
the information required in the application in a book or index to be
kept for that purpose, and assign to him a number, and issue to
him a card which shall bear the signature of the applicant, and which
he shall keep with him while he has such machine gun in his possession.
Such registration shall be made on the date application is received
and filed with the Secretary of State, and shall expire on
December 31, of the year in which said license is issued.
§ 6. Penalty.-Any person violating any of the provisions
of this Act shall be guilty of a felony, and, on conviction thereof,
shall be sentenced to pay a fine not exceeding One Thousand Dollars,
and undergo imprisonment by separate or solitary confinement
at labor not exceeding twenty (20) years.
§ 7. This Act shall go into effect immediately upon its approval
by the Governor.
Approved the 2nd day of March, 1934.
Act 731] 1289
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ACTS OF ASSEMBLY
CHAP. 95.-An ACT to cmpower the councils of cities and towns to release the
liability and lients for interest, penalties and accrued costs, or any part thereof,
on unpaid taxes due such cities and towns for any year or years to and including
1933, provided such taxes are paid within one hundred and twenty
days after this act is in force. [H B 48]
Approved March 7, 1934
1. Be it enacted by the General Assembly of Virginia, That the
councils of cities and towns are hereby empowered to release all persons,
firms, associations and corporations from all liability, for interest,
penalties and accrued costs on any taxes due such respective cities and
towns for any year or years prior to and including the year nineteen
hundred and thirty-three, that are unpaid at the time the ordinance relieving
same goes into effect, provided such unpaid taxes are paid such
cities or towns within one hundred and twenty days after the date this
act shall be in force.
2. That nothing in this act contained shall empower any such council
to release any liability for interest, penalties and accrued costs, or
any part thereof, on such unpaid taxes as are not paid within the one
hundred and twenty days aforesaid.
3. By reason of the necessity of immediately granting said councils
power to grant taxpayers the above relief, an emergency is declared to
exist, and this act shall be in force from its passage.
CHAP. 96.-An ACT to define the term “machine gn”; to declare the use and
possession of a machine gun, for certain purposes, a crine and to prescribe
the punishment therefor; to require manufacturers, dealers and other persons,
with certain exemptions, in possession thereof, to register all machine guns
with the Secretary of the Commonwealth; to keep records of and report
transfers and sales to the said Secretary; to allow inspection of records and
of machine guns by peace officers; to provide for seizures and search warrants;
to prescribe rules of evidence and presumptions; to provide penalties,
and to repeal all inconsistent acts. [S B 110]
Approved farch 7, 1934
1. Be it enacted by the General Assembly of Virginia, as follows:
Section 1. Where used in this act:
(a) “Machine gun” applies to and includes a weapon of any description
by whatever name known, loaded or unloaded, from which more
than seven shots or bullets may be rapidly, or automatically, or semiautomatically
discharged from a magazine, by a single function of the
firing device, and also applies to and includes weapons, loaded or unloaded,
from which more than sixteen shots or bullets may be rapidly,
automatically, semi-automatically or otherwise discharged without reloading.
(b) “Crime of violence” applies to and includes any of the following
crimes or an attempt to commit any of the same, namely, murder,
manslaughter, kidnapping, rape, mayhem, assault with intent to maim,
1934]
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ACTS OF ASSEMBLY
disable, disfigure or kill, robbery, burglary, housebreaking, breaking and
entering, and larccny.
(c) “Person” applies to and includes firm, partnership, association
or corporation.
Section 2. Possession or use of a machine gun in the perpetration
or attempted perpetration of a crime of violence is hereby declared to
be a crime punishlable by death or by imprisonment in the State penitentiary
for a term of not less than twenty years.
Section 3. Unlawful possession or use of a machine gun for oftensive
or aggressive purpose is hereby declared to be a crime punishable
by imprisonment in the State penitentiary for a term of not less than
tell years.
Section 4. Possession or use of a machine gun shall be presumed to
be for offensive or aggressive purpose:
(a) When tile machine gun is on premises not owned or rented,
for bona fide permanent residence or business occupancy, by the person
in whose possession the machine gun may be found; or
(b) When in the possession of, or used y,. an unnaturalized foreignborn
person, or a person who has been convicted of a crime of violence
in any court of record, state or federal, of the United States of America,
its territories or insular possessions ; or
(c) When the machine gun is of tile kind described in section eight
and has net been registered as in said section required ; or
(d) Wx hen empty or loaded pistol shells of thirty (thirty one-hundredths
inch or seven and sixty-three one-hundredths millimeter) or
larger caliber which have been or are susceptible of use in the machine
gun are found in the immediate vicinity thereof.
Section 5. The presence of a machine gun in any room, boat, or
vehicle shall be prina facie evidence of the possession or use of the
machine gun by each person occupying the room, boat, or vehicle where
the weapon is found.
Section 6. Nothing contained in this act shall prohibit or interfere
with
First. Tile manufacture for, and sale of, machine guns to the military
forces or the peace officers of tile United States or of any political
subdivision thereof, or tile transportation required for that purpose. This act shall not apply to machine guns and automatic arms issued
to the National Guard of Virginia by the United States or such arms
used by tile United States Army or Navy or in the hands of troops of
the National Guards of other States or Territories of tile United States
passing through Virginia, or such arms as may be provided for the
officers of the State Police or officers of penal institutions.
Second. The possession of a machine gun for scientific purposes, or
the possession of a machine gun not usable as a weapon and possessed
as a curiosity, ornament, or keepsake;
Third. The possession of a machine gun other than one adapted to
use pistol cartridges of thirty (thirty one-hundredths inch or seven and
sixty-three one-hundredths millimeter) or larger caliber, for a purpose
manifestly not aggressive or offensive.
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19341 ACTS OF ASSEMBLY
Section 7. Every manufacturer or dealer shall keep a register of all
machine guns manufactured or handled by him. This register shall
show the model and serial number, (late of manufacture, sale, loan,
gift, delivery or receipt, of every machine gun, the name, address, and
occupation of the person to whom the machine gun was sold, loaned,
given or delivered, or from whom it was received; and the purpose for
which it was acquired by the person to whom the machine gun was sold,
loaned, given or delivered, or from whom received. Upon demand
every manufacturer or dealer shall permit any marshal, sheriff or
police officer to inspect his entire stock of machine guns, parts, and
supplies therefor, and shall produce the register, herein required, for
inspection. A violation of any provision of this section sha be punishable
by a fine of not less than one hundred dollars nor more than one
thousand dollars.
Section 8. Every machine gun now in this State adapted to use
pistol cartridges of thirty (thirty one-hundredths inch or seven and
sixty-three one-hundredths millimeter) or larger caliber shall be registered
in the office of the Secretary of the Commonwealth on the effective
date of this act, and annually thereafter. If acquired hereafter it shall
be registered within twenty-four hours after its acquisition. Blanks
for registration shall be prepared by the Secretary of the Commonwealth,
and furnished upon application. To comply with this section the
application as filed must show the model and serial number of the gun,
the name, address and occupation of the person in possession, and from
whom and the purpose for which, the gun was acquired. The Secretary
of the Commonwealth shall immediately upon registration required in
this section furnish the registrant with a certificate of registration,
which shall be kept by the registrant and produced by him upon demand
by any peace officer. Failure to keep or produce such certificate for
inspection shall be a misdemeanor and punishable by a fine of not less
than five nor more thanl one thousand dollars, and any peace officer
may, without warrant, seize the machine gun and apply for its confiscation
as provided in section nine of this act. The registration data
shall not be subject to inspection by the public. Any person failing to
register any gun as required by this section, shall be presumed to possess
the same for offensive or aggressive purpose.
Section 9. Warrant to search any house or place and seize any
machine gun adapted to use pistol cartridges of thirty (thirty one-hundredths
inch or seven and sixty-three one-hundredths millimeter) or
larger caliber possessed in violation of this act may issue in the same
manner and under the same restrictions as provided by law for stolen
property, and any court of record, upon application of the Commonwealth’s
attorney, a police officer or conservator of the peace, shall have
jurisdiction and power to order any machine gun, thus or otherwise
legally seized, to be confiscated and either destroyed or delivered to a
peace officer of the State or a political subdivision thereof.
Section 10. If any provision of this act or the application thereof to
any person or circumstances is held invalid, such invalidity shall not
affect other provisions or applications of the act which can be given
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ACTS OF ASSEMBLY
effect without the invalid provision or application, and to this end the
provisions of this act are declared to be severable.
Section 11. This act shall be so interpreted and construed as to
effectuate its general purpose to make uniform the law of those states
which enact it.
Section 12. This act may be cited as the Uniform Machine Gun Act.
Section 13. All acts or parts of acts which are inconsistent with the
provisions of this act are hereby repealed.
CHAP. 97.-An ACT to make effective the Constitutional provision to the effect
that the General Assembly shall est,)blish and maintain an efficient system of
public free schools throughout the State, and to repeal all acts and parts of
acts inconsistent with this act. [S B 153]
Approved March 7, 1934
Whereas, section one hundred and twenty-nine of the Constitution
of Virginia provides that “The General Assembly shall establish aild
maintain an efficient system of public free schools throughout the
State,” now, therefore,
1. Be it enacted by the General Assembly of Virginia, as follows:
Section 1. The school board of each and every school division in
the State is hereby empowered and required to maintain the public free
schools of such division for a period of at least eight months or one
hundred and sixty teaching days in each school year. In order that
each school division may have the funds necessary to enable the school
board to maintain the elementary and high schools thereof for such
minimum terms, it is hereby provided that when any county, city or
town has legally complied with the existing laws with reference to local
school levies, such school ‘1vision or divisions shall be allotted out of
the public school funds held in the treasury of the State for each group
of twenty-five to forty pupils in average daily attendance, a sum equal
to the amount to be derived by dividing said public school fund by the
number of groups of twenty-five to forty pupils in average daily attendance
in the State, depending upon the density of population, to be apportioned
by the State Board of Education, as provided in section one
hundred and thirty-five of the Constitution and in conformity with the
provisions of the Code and of the Acts of the Assembly under such
rules and regulations as may be set up by said State Board of Education.
Section 2. That in addition the counties and cities shall provide,
from local school taxes, as provided in section one hundred and thirtysix
of the Constitution of Virginia, for the supplementing of their instructional
programs such amounts as will insure the services of properly
prepared and effective teaching personnel, and to the degree that
financial ability and community interest in education will permit; provided
further, that the counties and cities shall provide, in keeping with
the laws already existing, such funds as may be necessary for debt service,
capital outlay, transportation, general operation and maintenance.
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