The Charter and Ordinances of the City of Portland 364-69, 371-72 (1911)
| dc.coverage.spatial | Maine - Portland | |
| dc.date.accessioned | 2026-08-11T18:52:51Z | |
| dc.date.issued | 1911 | |
| dc.description.abstract | These Portland laws regulated firearms, gunpowder, explosives, and other dangerous substances. They required licenses for selling or possessing larger quantities of gunpowder, established safe storage and transportation requirements, and restricted fireworks, blasting, silencers, and toy pistols. Gunpowder generally had to be securely stored, covered during transportation, and kept within specified quantity limits. Firearms could not generally be discharged within city limits. Carrying concealed or threateningly displaying deadly weapons was prohibited without a license, with exceptions for certain law enforcement officers. Violations could result in fines, imprisonment, seizure or forfeiture of weapons or explosives, and other penalties. | |
| dc.description.exceptions | Military organizations | |
| dc.description.lawtext | CHAPTER 37. EXPLOSIVES AND FIREARMS. Statutes. Municipal Officers to Make Regulations Respecting Gunpowder, Explosive Oils and Other Dangerous Substances — Penalty for Violation — Seizure. SECTION 1. In every town, the municipal officers may make regulations, in conformity to which shall be kept in the town or transported from place to place all gunpowder, petroleum, coal oils, burning fluids, naphtha, benzine and all other explosive and illuminating substances which such officers adjudge dangerous to the lives or safety of citizens; and no person shall keep any such article in any quantity or manner, than is prescribed in such regulations, under a penalty of not less than twenty nor more than one hundred dollars for each offence; all such articles may be seized by any of said officers as forfeited; and within twenty days after such seizure may be libeled according to law. (R. S., Chapter 28, Section 20.) When Buildings for Manufacture of Powder Are Nuisances. SECTION 2. If any person manufactures gunpowder, or mixes or grinds the composition thereof, in any building within eighty rods of any valuable building not owned by such person or his lessor, which was erected when such business was commenced, the former building shall be deemed a public nuisance; and such person may be prosecuted accordingly. (R. S., Chapter 22, Section 9.) . . . Toy Pistols, Sale of, Prohibited — Penalty and Liability. SECTION 4. Whoever has in his possession a toy pistol for the explosion of percussion caps or blank cartridges, with intent to sell it, or sells or offers to sell or give it away, shall be fined not less than five, nor more than one hundred dollars, and shall be liable for all damages resulting from such selling or giving away, to be recovered in an action on the case. (R. S., Chapter 129, Section 19.) Not Lawful for Any Person to Sell Gunpowder within the City of Portland without License — License to Be in Force One Year — May Be Renewed — Proviso. SECTION 5. It shall not be lawful for any person or persons to sell any gunpowder, which may at the time be within the city of Portland, in any quantity, by wholesale or retail, without having first obtained from the mayor and aldermen of said city, a license to sell gunpowder; and every license shall be written or printed, and duly signed by the mayor, on a paper, upon which shall be written or printed a copy of the rules and regulations established relative to keeping, selling and transporting gunpowder within the said city; and every such license shall be in force for one year from the date thereof, unless annulled by the mayor and aldermen, and no longer; but such license may, prior to its expiration, be renewed by an endorsement thereon by the mayor for the further term of one year, and so from year to year; provided, always, that the mayor and aldermen may rescind or annul any such license, if, in their opinion, the person or persons licensed have disobeyed the law, or infringed any rule or regulation established by the mayor and aldermen. (P. L., 1833, Chapter 337, Section 1.) Amount to Be Paid for License — Sign of Door. SECTION 6. Every person who shall receive a license to sell gunpowder, as aforesaid, shall pay for the same to the treasurer of the city, the sum of five dollars, and every person on having a license renewed, shall pay to said treasurer the sum of one dollar. And any person or persons licensed to keep and sell gunpowder, as aforesaid, shall place and constantly keep in a conspicuous place over or at the side of the front door of the building in which powder is kept for sale, a sign, on which shall be inscribed in plain, legible letters, the words following, viz.: “Licensed to keep and sell gunpowder.” (Ib., Section 2.) Mayor and Aldermen May Establish Rules and Regulations for the Sale of Gunpowder — Proviso. SECTION 7. The mayor and aldermen of the city of Portland are authorized to make and establish rules and regulations, from time to time, relative to the times and places at which gunpowder may be brought to or carried from said city, by land or water, and the time and manner in which the same may be transported through said city, and prescribe the kind of carriage, boat or vehicle, in which the same may be brought to, transported through, or carried from said city. Provided, however, that said rules and regulations shall not be applied to any person or persons, excepting inhabitants of the city of Portland, until personal notice shall have been given of the existence of said rules and regulations. (Ib., Section 3.) Penalties. SECTION 8. If any gunpowder, kept contrary to the provisions of this act, or contrary to the terms and conditions of any such license, or to any rules and regulations established or to be established, by the mayor and aldermen, as aforesaid, shall explode in any shop, store, dwelling house, warehouse, or other building, or in any other place in said city, the tenant, occupant, or owner of said shop, store, dwelling house, warehouse, or other building or place, shall pay a fine of not less than fifty nor more than three hundred dollars, one moiety thereof to the use of the poor of said city, and the other moiety to the use of the person who may sue therefor, to be recovered by action of debt. (Ib. Section 4.) See laws of 1909, Chapter 52, authorizing the Governor to prevent the use of firearms in forests during dry seasons. AN ACT TO PROHIBIT THE USE OF FIREARMS FITTED WITH ANY DEVICE TO DEADEN THE SOUND OF EXPLOSION. Use of Firearms Fitted with Device to Deaden Sound, Prohibited — Penalty — Seizure of Firearms, and by Whom. SECTION 9. It shall be unlawful for any person to sell, offer for sale, use or have in his possession, any gun, pistol or other firearm, fitted or contrived with any device for deadening the sound of explosion. Whoever violates any of the provisions of this act shall forfeit such firearm or firearms and the device or silencer, and shall further be subject to a fine not exceeding 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 inland fish and game warden shall have authority to seize any 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. (P. L., 1909, Chapter 129, Section 1.) Military Organizations Not Affected. SECTION 10. This act does not apply to military organizations authorized by law to bear arms, or to the national guard in the performance of its duty. (Ib., Section 2.) Municipal and Police Courts and Trial Justices Shall Have Original and Concurrent Jurisdiction with Supreme Judicial and Superior Courts. SECTION 11. 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 the 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. (Ib., Section 3.) RULES AND REGULATIONS OF THE MAYOR AND ALDERMEN. GUNPOWDER, DYNAMITE, ETC. Without License No Person Shall Keep More than One Pound of Gunpowder — Exceptions. SECTION 1. No person, except on military duty in the public service of the United States, or this state, shall keep or have in his shop, store, dwelling house, or in any place in the city of Portland, except as hereinafter provided, at any one time, a larger quantity of gunpowder than one pound, or of any other explosive compound (calcium carbide excepted) that shall be known to be hazardous, unless he is licensed by the board of mayor and aldermen. Provided, however, that in cases where a larger quantity is necessary for the prosecution of some work, the mayor may grant license to suitable persons for a limited time to keep a quantity not exceeding twenty-five pounds, upon receiving a satisfactory indemnifying bond to protect all parties from any loss or damage arising therefrom. Persons Licensed Shall Not Keep More than Two Hundred Pounds. SECTION 2. No person, licensed as aforesaid, shall have or keep in his store, shop, dwelling house, or any tenement or place whatever, at any one time, a larger quantity of gunpowder than two hundred pounds. How to Be Kept. SECTION 3. Every person licensed as aforesaid shall provide himself with a strongly made copper chest or box, with a copper cover well secured, with hinges of the same material and a suitable lock, and the kegs or canisters in which said powder may be, shall be kept in said copper chest or box, which shall at all times be placed near the outer door of the building in which it is kept, in a convenient place for removal in case of fire. Without License No Person Shall Haul or Land Gunpowder. SECTION 4. No person shall haul into or lay at any wharf, bridge or other landing place in the city, or bring within two hundred yards thereof, any boat or vessel having on board any quantity of gunpowder exceeding twenty-five pounds, or land from or receive on board any boat or vessel, at any such wharf, bridge or landing place, any gunpowder exceeding the amount aforesaid without obtaining a permit from the mayor, or in his absence the chief engineer of the fire department, and no boat or vessel with gunpowder on board in quantity exceeding twenty-five pounds, shall remain at any wharf, bridge, or any other landing place in the city more than six hours; nor shall any such boat or vessel be allowed to ground at any such place, or remain there after sunset. Mayor and Chief Engineer of the Fire Department May Grant Certain Permits. SECTION 5. The mayor, or in his absence the chief engineer of the fire department, may grant permits to land gunpowder or other explosives for immediate shipment or transportation from any wharf in the city, provided that the consent in writing of the owner, agent or wharfinger of such wharf, shall first be delivered to the mayor or city clerk. Conveyance of Gunpowder through Streets. SECTION 6. No gunpowder shall be conveyed through any of the streets of the city unless closely covered with canvas or some other suitable covering. When the quantity to be transported shall exceed four casks of twenty-five pounds each, the permission of the mayor, or in his absence the chief engineer of the fire department, must be first obtained. In no case shall powder remain on board any vehicle for a longer time than is necessary for its removal. Vessels Laden with Gunpowder Shall Display Red Flag. SECTION 7. All boats or vessels, while lying at or within two hundred yards of any wharf, bridge, or any other vessel, shall, so long as there is gunpowder exceeding four casks of twenty-five pounds each on board, display at the stern or bow a red flag, and in all cases casks or packages containing gunpowder shall be covered with canvas or other suitable covering. Unlicensed Persons Not to Keep Gunpowder in City Magazine. SECTION 8. Persons not licensed to keep and sell gunpowder in the city shall not be permitted to have gunpowder in the city magazine. Gunpowder to Be Kept in City Magazine — Rent. SECTION 9. No gunpowder shall be kept otherwise than as heretofore provided, except in the city powder magazine. The powder magazine shall be in charge of the committee on public buildings, who are authorized to fix the amount of rent, to be collected by the city treasurer from the occupants. Penalty. SECTION 10. Every person violating any of these rules and regulations will be liable to a fine of not less than twenty nor more than one hundred dollars, as provided in Chapter 28 of the Revised Statutes. . . . Persons Not to Discharge Guns in City — Penalty. SECTION 1. No person shall fire or discharge any gun, fowling piece, or firearms within the limits of the city of Portland under a penalty for every such offence of not less than one nor more than twenty dollars; provided, however, that this section shall not apply to the use of such weapons at any military exercise or review, or in the lawful defence of the person, family or property of any citizen. Sale of Explosives and Pistols to Children, Forbidden. SECTION 2. No person shall sell to any child under sixteen years, without the written consent of a parent or guardian of such child, any blank cartridge, or any pistol or mechanical contrivance specially arranged or designed for the explosion of the same. Any person violating the provisions of this ordinance shall be liable to a penalty of not less than five nor more than one hundred dollars for each offence, to be recovered on complaint to the use of the city of Portland. Blasting. SECTION 3. No person shall blast any rock or other substance with gunpowder or any other explosive at any place within fifty rods of any street or public place in the city, without license of the mayor and aldermen, in writing, specifying the terms and conditions on which said license is granted, under a penalty of not less than twenty dollars for each offence; provided, however, that the remedy of any person injured by the blasting of rocks shall not be affected by this section. Explosives on Electric Car Rail Forbidden. SECTION 4. Whoever shall explode, or cause to be exploded on any electric car rail, or place upon any electric car rail for the purpose of causing the same to be exploded in any manner, any explosive containing potash-dextrine, or any similar compounds, shall be punished upon complaint by a fine not exceeding ten dollars for each offence. Carrying Concealed Weapons without License, Forbidden. SECTION 5. No person shall, within the corporate limits of the city of Portland, in a threatening manner display any firearm, slung shot, knuckles, bowie knife, dirk, stiletto, or other dangerous or deadly weapon. And no person shall within the corporate limits of the city of Portland, wear under his clothes or concealed about his person any such firearm, slung shot, knuckles, bowie knife, dirk, stiletto, or other dangerous or deadly weapon, unless first licensed so to do in the manner following: How License May Be Obtained. SECTION 6. The chief of police, or, in his absence, either of the captains of police, may, upon written application, issue to any person of good moral character, whose business or occupation requires the carrying of such weapons for protection, a certificate setting forth that such person has complied with the requirements of this ordinance, and that he is fully licensed to carry such weapon or weapons for protection. Such license shall continue in effect until revoked by the chief of police. Ordinance Does Not Apply to Officers. SECTION 7. Nothing in the foregoing sections shall be construed as forbidding the carrying or wearing of such weapons by United States marshals, sheriffs and their deputies, and constables and police officers of the city of Portland. Penalty. SECTION 8. Whoever violates this ordinance shall be fined not less than five nor more than twenty dollars for each offence. | |
| dc.description.summary | These Portland laws regulated firearms, gunpowder, explosives, and other dangerous substances. They required licenses for selling or possessing larger quantities of gunpowder, established safe storage and transportation requirements, and restricted fireworks, blasting, silencers, and toy pistols. Gunpowder generally had to be securely stored, covered during transportation, and kept within specified quantity limits. Firearms could not generally be discharged within city limits. Carrying concealed or threateningly displaying deadly weapons was prohibited without a license, with exceptions for certain law enforcement officers. Violations could result in fines, imprisonment, seizure or forfeiture of weapons or explosives, and other penalties. | |
| dc.identifier.uri | https://dspace.firearmsresearchcenter.org/id/frc0001/6048 | |
| dc.relation.isreferencedbyHathi | https://hdl.handle.net/2027/hvd.li2st2 | |
| dc.subject | TRANSFER::TRANSFER, MANUFACTURE & STORAGE OF GUNPOWDER | |
| dc.subject | GUN POWDER | |
| dc.subject | TRANSFER::TRANSFER, MANUFACTURE & POSSESSION - TOYS AND EXPLOSIVES | |
| dc.subject | LICENSE::LICENSE - DEALERS | |
| dc.subject | LICENSE | |
| dc.subject | SUPPRESSORS | |
| dc.subject | GUN POWDER::GUN POWDER - STORAGE | |
| dc.subject | GUN POWDER::GUN POWDER - TRANSPORTATION | |
| dc.subject | DISCHARGE | |
| dc.subject | TRANSFER::TRANSFER - MINORS | |
| dc.subject | CARRY::CARRY - CONCEALED | |
| dc.subject | LICENSE::LICENSE - CARRY - CONCEALED | |
| dc.title | The Charter and Ordinances of the City of Portland 364-69, 371-72 (1911) |