1717

1717 Mass. Acts 336, An Act For The Better Regulation Of Fowling.

Massachusetts

And every such offender shall be, and hereby is prohibited and restrained from using a gun to shoot at waterfowl for the space of three years next after his offence, upon the like penalty of forty shillings for each time he shall presume so to offend, to be disposed of in manner as the forfeiture aforementioned.
Sentence Enhancement for Use of Weapon

1783

1783 Conn. Acts 633, An Act For The Punishment of Burglary And Robbery.

Connecticut

That whoever shall commit Burglary, by breaking up any Dwelling House or Shop, wherein Goods, Wares and Merchandise are deposited, or shall commit Robbery, by robbing any Person in the Field of Highway, if in the Perpetration of said Crimes, the Person or Persons committing the same, shall be guilty of any personal Abuse, Force or Violence, or shall be so armed with any dangerous Armour or Weapon, as clearly to indicate their violent Intentions; such Person or Persons, found guilty as aforesaid, and being thereof convicted before the Superior Court, shall suffer Death.
Sentence Enhancement for Use of Weapon

1788

1788-1801 Ohio Laws 20, A Law Respecting Crimes and Punishments . . . , ch. 6.

Ohio

Burglary . . . If the person or persons so breaking and entering any dwelling house, shop, store or vessel as aforesaid, shall commit, or attempt to commit any personal abuse, force, or violence, or shall be so armed with any dangerous weapon or weapons as clearly to indicate a violent intention, he, she or they so offending, upon conviction thereof, shall moreover, forfeit all his, her or their estate, real and personal, to this territory, out of which the party injured shall be recompensed as aforesaid, and the offender shall also be committed to any gaol [jail] in the …
Sentence Enhancement for Use of Weapon

1799

Charles Nettleton, Laws of the State of New-Jersey Page 474, Image 501 (1821) available at The Making of Modern Law: Primary Sources.

New Jersey

[An Act to Describe, Apprehend and Punish Disorderly Persons (1799)], § 2. And whereas diverse ill disposed persons are frequently apprehended, having upon them implements for house-breaking, or offensive weapons, or are found in or upon houses, warehouses, stables, barns or out-houses, areas of houses, coach-houses, smoke-houses, enclosed yards, or gardens belonging to houses, with intent to commit theft, misdemeanors or other offences; and although their evil purposes are thereby manifested, the power of the justices of the peace to demand of them sureties for their good behavior hath not been of sufficient effect to prevent them from carrying their …
Sentence Enhancement for Use of Weapon

1809

The Laws Of Maryland, With The Charter, The Bill Of Rights, The Constitution Of The State, And Its Alterations, The Declaration Of Independence, And The Constitution Of The United States, And Its Amendments Page 465, Image 466 (1811) available at The Making of Modern Law: Primary Sources.

Maryland

If any person shall be apprehended, having upon him or her any picklock, key, crow, jack, bit or other implement, with an intent feloniously to break and enter into any dwelling-house, ware-house, stable or out-house, or shall have upon him or her any pistol, hanger, cutlass, bludgeon, or other offensive weapon, with intent feloniously to assault any person, or shall be found in or upon any dwelling-house, warehouse, stable or out-house, or in any enclosed yard or garden, or area belonging to any house, with an intent to steal any goods or chattels, every such person shall be deemed a …
Sentence Enhancement for Use of Weapon

1837

1837 Ala. Acts 7, An Act to Suppress the Use of Bowie Knifes, § 1.

Alabama

Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That if any person carrying any knife or weapon, known as Bowie Knives or Arkansaw [sic] Tooth-picks, or either or any knife or weapon that shall in form, shape or size, resemble a Bowie-Knife or Arkansaw [sic] 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.
Sentence Enhancement for Use of Weapon

1837

1837 Miss. Law 289-90, An Act To Prevent The Evil Practice Of Dueling In This State And For Other Purposes, § 5.

Mississippi

That if any person or persons shall be guilty of fighting in any corporate city or town, or any other town or public place, in this state, and shall in such fight use any rifle, shot gun, sword, sword cane, pistol, dirk, bowie knife, dirk knife, or any other deadly weapon; or if any person shall be second or aid in such fight, the persons so offending shall be fined not less than three hundred dollars, and shall be imprisoned not less than three months; and if any person shall be killed in such fight, the person so killing the …
Sentence Enhancement for Use of Weapon

1838

1837-1838 Tenn. Pub. Acts 201, An Act to Suppress the Sale and Use of Bowie Knives and Arkansas Tooth Picks in the State, ch. 137, § 4.

Tennessee

That if any person carrying any knife or weapon known as a Bowie knife, Arkansas tooth pick, or any knife or weapon that shall in form, shape or size resemble a Bowie knife, on a sudden rencounter [sic], shall cut or stab another person with such knife or weapon, whether death ensues or not, such person so stabbing or cutting shall be guilty of a felony, and upon conviction thereof shall be confined in the jail and penitentiary house of this state, for a period of time not less than three years, nor more than fifteen years.
Sentence Enhancement for Use of Weapon

1843

Clement Comer Clay, Digest of the Laws of Alabama: Containing all the Statutes of a Public and General Nature, in Force at the Close of the Session of The General Assembly, in February, 1843. To Which are Prefixed, the Declaration of Independence; the Constitution of the United States; the Act to Enable the People of Alabama to Form a Constitution and State Government, &c.; and the Constitution of the State of Alabama Page 413, Image 457 (1843) available at The Making of Modern Law: Primary Sources.

Alabama

Penal Code – Offenses Against the Person, § 8. If any person shall be guilty of fighting in the streets of any city or town, or at a militia muster, or other place public in itself, or made public by any assemblage of people, for any purpose whatever, and shall employ or use during such fight any fire arms, or air gun, by discharging (or attempting to discharge) the same, unless in self defense, such person shall, on conviction thereof, be fined in a sum not less than one hundred nor more than five hundred dollars, or be imprisoned in …
Sentence Enhancement for Use of Weapon

1843

Clement Comer Clay, Digest of the Laws of Alabama: Containing all the Statutes of a Public and General Nature, in Force at the Close of the Session of The General Assembly, in February, 1843. To Which are Prefixed, the Declaration of Independence; the Constitution of the United States; the Act to Enable the People of Alabama to Form a Constitution and State Government, &c.; and the Constitution of the State of Alabama Page 416, Image 460 (1843) available at The Making of Modern Law: Primary Sources.

Alabama

Penal Code – Offences Against the Person, §31. If any person shall assault and beat another with a cowhide, stick or whip, and shall, at the same time, have in his possession a pistol or other deadly weapon, with the intent to intimidate and prevent the person so beaten from defending himself, such person shall, on conviction, be sentenced to imprisonment in the penitentiary, for a term not less than two nor more than twenty years.
Sentence Enhancement for Use of Weapon

1845

Mason Brayman, Revised Statutes of the State of Illinois: Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years A. D. 1844-’5: Together with an Appendix Containing Acts Passed at the Same and Previous Sessions, Not Incorporated in the Revised Statutes, but Which Remain in Force Page 176, Image 188 (1845) available at The Making of Modern Law: Primary Sources.

Illinois

Criminal Jurisprudence, § 139. If any person shall be found,, having upon him or her, any pick-lock, crow, key, bit, or other instrument or tool, with intent feloniously to break and enter into any dwelling house, store, warehouse, shop or other building containing valuable property, or shall be found in any of the aforesaid buildings with intent to steal any goods and chattels, every such person so offending, shall, on conviction, be deemed a vagrant, and punished by confinement in the penitentiary, for any term not exceeding two years. And if any person shall have upon him any pistol, gun, …
Sentence Enhancement for Use of Weapon

1852

Seymour Dwight Thompson, A Compilation of the Statute Laws of the State of Tennessee, of a General and Permanent Nature, Compiled on the Basis of the Code of Tennessee, With Notes and References, Including Acts of Session of 1870-’71 Page 52, Image 721 (Vol. 2, 1873) available at the The Making of Modern Law: Primary Sources.

Tennessee

Of Offences Against the Person, [Assault and Battery and Attempt to Commit Crime,] § 4628. If any person assaults and beats another with a cowhide, stick, or whip, having a the time in his possession a pistol or other deadly weapon, with intent to intimidate the person assaulted, and prevent him from defending himself, he shall, on conviction, be imprisoned in the penitentiary not less than two nor more than ten years.
Sentence Enhancement for Use of Weapon

1853

S. Garfielde, Compiled Laws of the State of California: Containing All the Acts of the Legislature of a Public and General Nature, Now in Force, Passed at the Sessions of 1850-51-52-53. To Which are Prefixed the Declaration of Independence, the Constitutions of the United States and of California, the Treaty of Queretaro, and the Naturalization Laws of the United States Page 663-664, Image 682-683 (1853) available at The Making of Modern Law: Primary Sources.

California

Compiled Laws of California, § 127. If any person shall be found having upon him or her any picklock, crow, key, bitt, or other instrument or tool, with intent feloniously to break and enter into any dwelling house, store, shop, warehouse, or other building containing valuable property, or shall be found in any of the aforesaid buildings with intent to steal any money, goods, and chattels, every person so offending shall, on conviction thereof, be imprisoned in the county jail not more than two years; and if any person shall have upon him any pistol, gun, knife, dirk, bludgeon, or …
Sentence Enhancement for Use of Weapon

1854

Statutes of the Territory of Washington, Being the Code Passed by the Legislative Assembly, at Their First Session Begun and Held at Olympia, February 27th, 1854: Also Containing the Declaration of Independence, the Constitution of the United States, the Organic Act of Washington Territory, the Donation Laws, &c., &c. Page 80, Image 80 (1855) available at The Making of Modern Law: Primary Sources.

Washington

[Of Offenses Against the Lives and Persons of Individuals,] § 28. Every person who shall assault and beat another with a cowhide or whip, having with him at the time a pistol, or other deadly weapon, shall on conviction thereof, be imprisoned in the county jail not more than one year, nor less than three months, and be fined in any sum not exceeding one thousand dollars.
Sentence Enhancement for Use of Weapon

1854

1854 Wash. Sess. Laws 80, An Act Relative to Crimes and Punishments, and Proceedings in Criminal Cases, ch. 2, § 28.

Washington

Every person who shall assault and beat another with a cowhide or whip, having with him at the time a pistol, or other deadly weapon, shall on conviction thereof, be imprisoned in the county jail not more than one year, nor less than three months, and be fined in any sum not exceeding one thousand dollars.
Sentence Enhancement for Use of Weapon

1858

1858 Neb. Laws 69, An Act to Adopt and Establish a Criminal Code for the Territory of Nebraska, ch. 1, § 135.

Nebraska

. . . And if any person shall have upon him any pistol, gun, knife, dirk, bludgeon or other offensive weapon with intent to assault any person, every such person, on conviction, shall be fined in a sum not exceeding one hundred dollars, or imprisoned not exceeding three months.
Sentence Enhancement for Use of Weapon

1859

1859 Wash. Sess. Laws 108-109, An Act Relative to Crimes and Punishment and the Proceeding in Criminal Cases, ch. 2, § 28.

Washington

Every prison [sic] who shall assault and beat another with a cowhide or whip, having with him at the time a pistol or other deadly weapon, shall, on conviction thereof, be imprisoned in the county jail not more than one year nor less than three months, and be fined in any sum not exceeding one thousand dollars. (double the maximum sentence for simple assault and battery).
Sentence Enhancement for Use of Weapon

1864

Matthew Paul Deady, The Organic and Other General Laws of Oregon Together with the National Constitution and Other Public Acts and Statutes of the United States. 1845-1864 Page 531, Image 531 (1866) available at The Making of Modern Law: Primary Sources.

Oregon

Crimes – Against the Person, § 527. If any person shall assault, or assault and beat another with a cowhide, whip, stick or like thing, having at the time in his possession a pistol, dirk or other deadly weapon, with intent to intimidate and prevent such other from resisting or defending himself, such person upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than one, nor more than ten years.
Sentence Enhancement for Use of Weapon

1868

1868 Fla. Laws 2538, Persons Engaged in Criminal Offence, Having Weapons, chap. 7, § 10.

Florida

Whoever, when lawfully arrested while committing a criminal offense or a breach or disturbance of the public peace, is armed with or has on his person slung shot, metallic knuckles, billies, firearms or other dangerous weapon, shall be punished by imprisonment not exceeding three months, or by fine not exceeding one hundred dollars.
Sentence Enhancement for Use of Weapon

1869

1868-1869 N.C. Sess. Laws 407-08, Pub. Laws, An Act in Relation to Punishment, ch. 167, § 7.

North Carolina

Every person who commits any assault upon the person of another, with any deadly or dangerous weapon, or who unlawfully shoots or attempts to shoot at another with any kind of fire-arms, with intent to injure any person, without intent to kill such person or to commit any felony, shall be punished upon conviction, by imprisonment in the State’s prison not exceeding five years.
Sentence Enhancement for Use of Weapon

1869

1869 Wash. Sess. Laws 203, An Act Relative to Crimes and Punishments And Proceedings In Criminal Cases, ch. 2, § 31.

Washington

Every person who shall assault and beat another with a cowhide or whip, having with him at the time a pistol or other deadly weapon, shall, on conviction thereof, be imprisoned in the county jail not more than one year nor less than three months, and be fined in any sum not exceeding one thousand dollars.
Sentence Enhancement for Use of Weapon

1871

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

Arkansas

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

1872

Laws, Memorials, and Resolutions, of the Territory of Montana, Passed at the Seventh Session of the Legislative Assembly, Begun at Virginia City, Monday, December 4, 1871, and Concluded January 12, 1872. To Which Are Prefixed the Constitution of the United States, and the Acts Organizing the Territory Page 279, Image 297 (1872) available at The Making of Modern Law: Primary Sources.

Montana

[Laws] of Montana Territory, § 59. If any person shall assault and beat another with a cowhide, stick, or whip, having at the time in his possession a pistol or other deadly weapon, with an attempt to intimidate and prevent the person assaulted from defending himself, such person shall, on conviction thereof, be imprisoned in the territorial prison not less than one nor more than ten years.
Sentence Enhancement for Use of Weapon

1872

M.S. Bonnifield, The Compiled Laws of the State of Nevada. Embracing Statutes of 1861 to 1873, Inclusive Page 583, Image 725 (Vol. 1, 1873) available at The Making of Modern Law: Primary Sources.

Nevada

Compiled Laws of Nevada, [Of Crimes and Punishment,] § 133. If any persons shall be found having upon him or her any picklock, crow-key, bit, or other instrument or tool, with intent feloniously to break and enter into any dwelling house, store, shop, warehouse, or other building containing valuable property, or shall be found in any of the aforesaid buildings, with intent to steal any money, goods and chattels, every person so offending shall, on conviction thereof, be imprisoned in the State Prison not less than one year nor more than five years; and if any person shall have upon …
Sentence Enhancement for Use of Weapon

1873

M.S. Bonnifield, The Compiled Laws of the State of Nevada. Embracing Statutes of 1861 to 1873, Inclusive Page 564, Image 706 (Vol. 1, 1873) available at The Making of Modern Law: Primary Sources.

Nevada

Compiled Laws of Nevada, [Of Crimes and Punishments,] § 41. If any person shall assault and beat another with a cowhide, stick, or whip, having at the time, in his possession, a pistol or other deadly weapon, with intent to intimidate and prevent the person assaulted from defending himself, such person shall, on conviction thereof, be imprisoned in the State Prison not less than one or more than ten years.
Sentence Enhancement for Use of Weapon