Chapter 159. to punish the carrying or selling of deadly or dangerous weapons within the District of Columbia, and for other purposes
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CHAP. 159.— An Act to punish the carrying or selling of deadly or dangerous weapons within the District of Columbia, and for other purposes.July 13, 1892. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,District of Columbia. Carrying concealed weapons forbidden. That it shall not be lawful for any person or persons within the District of Columbia, to have concealed about their person any deadly or dangerous weapons, such as daggers, airguns, pistols, bowie-knives, dirk knives or dirks, blackjacks, razors, razor blades, sword canes, slung shot, brass or other metal knuckles.
Sec. 2. That it shall not be lawful for any person or persons withinOpenly carrying weapons with unlawful intent forbidden. the District of Columbia to carry openly any such weapons as hereinbefore described with intent to unlawfully use the same, and any person or persons violating either of these sections shall be deemed guilty of Punishment. first offense.a misdemeanor, and upon conviction thereof shall, for the first offense, forfeit and pay a fine or penalty of not less than fifty dollars nor more than five hundred dollars, of which one half shall be paid to any one giving information leading to such conviction, or be imprisoned in the jail of the District of Columbia not exceeding six months, or both such *Provisos*.
Exceptions.fine and imprisonment, in the discretion of the court: *Provided*, That the officers, non-commissioned officers, and privates of the United States Army, Navy, or Marine Corps, or of any regularly organized Militia Company, police officers, officers guarding prisoners, officials of the United States or the District of Columbia engaged in the execution of the laws for the protection of persons or property, when any of such persons are on duty, shall not be liable for carrying necessary arms for use in performance of their duty: *Provided, further*, that nothing Lawful use of weapons.contained in the first or second sections of this act shall be so construed as to prevent any person from keeping or carrying about his place of business, dwelling house, or premises any such dangerous or deadly weapons, or from carrying the same from place of purchase to his dwelling house or place of business or from his dwelling house or place of business to any place where repairing is done, to have the same repaired, and back again: *Provided further*, That nothing contained in the first or second sections of this act shall be so construed as to apply Permits.to any person who shall have been granted a written permit to carry such weapon or weapons by any judge of the police court of the District 117 of Columbia, and authority is hereby given to any such judge to grant such permit for a period of not more than one month at any one time, upon satisfactory proof to him of the necessity for the granting thereof; and further, upon the tiling with such judge of a bond, with sureties to be approved by said judge, by the applicant for such permit, conditioned to the United States in such penal sum as said judge shall require for the keeping of the peace, save in the case of necessary self-defense by such applicant during the continuance of said permit, which bond shall be put in suit by the United States for its benefit upon any breach of such condition.
Sec. 3. That for the second violation of the provisions of either ofPunishment, second offense. the preceding sections the person or persons offending shall be proceeded against by indictment in the supreme court of the District of Columbia, and upon conviction thereof shall be imprisoned in the penitentiary for not more than three years. Sec. 4. That all such weapons as hereinbefore described which mayDisposition of weapons taken from offenders. be taken from any person offending against any of the provisions of this act shall, upon conviction of such person, be disposed of as may be ordered by the judge trying the case, and the record shall show any and all such orders relating thereto as a part of the judgment in the case.
Sec. 5. That any person or persons who shall, within the District ofPunishment for sale of weapons to minors. Columbia, sell, barter, hire, lend or give to any minor under the age of twenty-one years any such weapon as hereinbefore described shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, pay a fine or penalty of not less than twenty dollars nor more than one hundred dollars, or be imprisoned in the jail of the District of Columbia not more than three months.
No person shall engage in or conductSpecial license for dealers in weapons. the business of selling, bartering, hiring, lending, or giving any weapon or weapons of the kind hereinbefore named without having previously obtained from the Commissioners of the District of Columbia a special license authorizing the conduct of such business by such person, and the said Commissioners are hereby authorized to grant such license, without fee therefor, upon the tiling with them by the applicant therefor of a bond with sureties to be by them approved, conditioned in such penal sum as they shall fix to the United States for the compliance by said applicant with all the provisions of this section; and upon any breach or breaches of said condition said bond shall be put in suit by said United States for its benefit, and said Commissioners may revoke said license.
Any person engaging in said business without having previouslyPenalty for dealing without license. obtained said special license shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a line of not less than one hundred dollars nor more than five hundred dollars, of which one half shall be paid to the informer, if any, whose information shall lead to the conviction of the person paying said tine. All persons whoseRegister of sales, etc. business it is to sell barter, hire, lend or give any such weapon or weapons shall be and they hereby, are, required to keep a written register of the name and residence of every purchaser, barterer, hirer, borrower, or donee of any such weapon or weapons, which register shall be subject to the inspection of the major and superintendent of Metropolitan Police of the District of Columbia, and further to make a weekly report, under oath to said major and superintendent of all such sales, batterings, hirings, lendings or gifts.
And one half of every fine imposedHalf of fine to informer. under this section shall be paid to the informer, if any, whose information shall have led to the conviction of the person paying said tine. Any police officer failing to arrest any person guilty in his sightPenalty for failure to arrest by officers. or presence and knowledge of any violation of any section of this act shall be fined not less than fifty nor more than five hundred dollars Sec. 6. That all acts or parts of acts inconsistent with the provisionsRepeal. of this act be, and the same hereby are, repealed.
Approved, July 13, 1892.