1866 S.C. Acts 275
Abstract
§§ 34–44: Prohibited any "[p]ersons of color" from being a part of the militia and from keeping a firearm, sword, or other military weapon without permission.
Summary
The provision excluded people of color from the state militia and prohibited them from possessing firearms or military weapons without written permission, with limited exceptions for farm-owning individuals to possess a hunting shotgun or rifle. Violations were misdemeanors punishable by seizure of the weapon, a fine equal to twice its value, and corporal punishment if the fine was not immediately paid.
Law Text
XIII. Persons of color constitute no part of the Militia of the State, and no one of them shall, without permission in writing from the District Judge or Magistrate, be allowed to keep a fire-arm, sword, or other military weapon; except that one of them, who is the owner of a farm, may keep a shot-gun or rifle, such as is ordinarily used in hunting, but not a pistol, musket, or other fire-arm or weapon appropriate for purposes of war. The District Judge or a Magistrate may give an order, under any weapon unlawfully kept may be seized and sold, the proceeds of sale to go into the District Court Fund. The possession of a weapon in violation of this Act shall be a misdemeanor, which shall be tried before a District Court or a Magistrate; and, in case of conviction, shall be punished by a fine equal to twice the value of the weapon so unlawfully kept; and if that be not immediately paid, by corporal punishment.
Description
Categories
ENSLAVED PERSONS & OTHER MINORITIES