1867 — Montana — Brandishing

1867 Mont. L. p. 75

Summary

Prohibited brandishing weapons not necessary for self-defense.

Statutory Text

That any person in this Territory having, carrying, or procuring from another person, any dirk, dirk-knife, sword, sword-cane, pistol, gun, or other deadly weapon, who shall, in the presence of one or more persons, draw or exhibit any of said deadly weapons in a rude, angry or threatening manner, not in necessary self-defence, or who shall in any manner unlawfully use the same in any fight or quarrel, the person or persons so offending, upon conviction thereof, in any criminal court in any county in this Territory, shall be fined in any sum not less than fifty dollars, nor more than one hundred dollars, or imprisoned in the county jail not less than three nor more than six months, at the discretion of the court, or both such fine and imprisonment, together with the costs of prosecution, which said costs shall in all cases be computed and collected in the same manner as costs in civil cases, and all fines and forfeitures arising under the pro-visions of this act, shall be paid into the county treasury for school purposes; provided, nevertheless, that no sheriff, deputy sheriff, constable, marshal, or other peace officer, shall be held to answer under the provisions of this act, for drawing or exhibiting any of the weapons hereinbefore mentioned, while in the lawful discharge of his or their duties. It shall be the duty of all military, civil and peace officers in this in this Territory to be vigilant in carrying the provisions of this act into full force and effect, as will also all grand jurors to inquire into and make presentment of each and every offence under this act which shall come under or within their knowledge. It shall be and is hereby made the duty of all Judges in this Territory to give this act in charge to the grand juries at each term of their respective juries. courts, and also to all trial Juries empannelled for the trial of any of the offences hereinbefore mentioned in this act.

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Details

Title 1867 — Montana — Brandishing
Conduct Use
Instrument Firearms
Jurisdiction MT
Date 1867