Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1909-05-08
THE PISTOL BILL
A LAW MAY II
Authorities of Every County in the
State Urged That Measure
Be Enforced.

at the last session of the legislature
| by virture of which Senator William
s. Johnson OF old Fayette, got the
name Of pistol Biz hits in many
places and hits hard The pistol toter
is bound to get "his'n" under the new
| law, which goes into effect May II,
and II is the sence of the adminfstra-
ton that the letter and spirit Of the
law be enforced.
Daily the mails bring letters of in
quiry and protest against the law from
those whom 1T will affect and reports
from over the state show that the
policemen and other officers of the
law net bonded are making a great
howl Under the old law the person
guilty OF carrying a revolver, dirk
false knuckles, razor, etc, could be
fined from $25 to $500 and confined in
Jail from one to twelve months. The
person under indictment could plead
seIf-defense and escape punishment
provided he was a quiet and peaceful
citizen and had reason to believe that
he was in danger of bodily harm.
Officers of the law, such as sheriffs,
constables and policemen were allow
ed to carry weapons.
Penitentisry CHense.
But the pistol bill changed all this.
A license can be issued granting per-
mission to carry gun, or other
weapon, but the perron without such
license who is convicted is subject to
a jail sentence of from six to twelve
months for the first oifense, and a
sentence of from one to five years in
the penitentiary for the second Of
fense In either case the fine is from
$50 to 5000 Boys under Is may be
sent to the reform school instead OF
the penitentiary
A person desiring a license to make
an arsenal out of himself must publish
a notice that he will on a certain day
make application for the license. He
applies to the circuit court for the
license. He must prove to the court
that his habits are regular, that he is
over 81 years old, that he taketh not
excessively of wine when it giveth
color to the cup, that he is not felon
and that he never used such weapon
unlawfully. He must al show to the
court why he wants such license, and
If the court is satisfied the license
may be granted by the payment of a
license tax, of SO ana giving bond
of $500.
License Good One Year.
The bond is conditioned that he win
carry such weapon only in accordance
with hls application and that he will
pay all costs and damages accruing
TO any one by the accidental dis
charge or Smproper, negligent or
illegal discharge or use of such
pistol. Such license shall be good for
one year, unless sooner revoked. and
co-extensive with the STATE.
A person is allowed to keep re-
volver ON hiss own premises and if un-
loaded carry it to his home from the
place OF purchase or 90 or from a
place OF repair. In cases of riot and
emergency Justice of the peace may
authorize special constable and his
posse to carry weapons, but he must
note ON his docket the specific reasons
therefor ana the time over which it
extenus A sheriff nlnv authorize a.
deputy or posse to do likewise, out he
must file his reasons with the clerk
of the county court. Ministerial Of
ficers knowing of violations, must re-
port them under penalty of a fine os
not more chan 5000; and any Other
person wi1fully refusing TO report
cases are liable to q fine of not more
thaa' $500
Officers Bonded, Taoa
But the law does provide for certain
officers carrying weapons. Regular
ly elected sherffs and their deputies
who collect taxes, constanles and po-
lice officers may carry them as they
have done heretofore, provided they
are under bond of at least $500.
These bonds are made to protect
against damage from unlawful or
careless use of weapons whether they
are so conditioned or not.
This last part is what is stirring up
the trouble. Bonding companies Will
hardly become surety for an officer
under such conditions. The ordinary
police officers is under bond under
the old law but mast be TO carry a
gun under the pistol bill.
The law was passed as a thrust at
the pistol deputies" which are found
especially in some of the counties in
the southern part of the state. Also
at speci-1 officers of railroad com.
panies. I'm some counties coal CON-
pany detectives, guards and general
protection" men are either commits
stoned special officers by the gov
ernor or appointed deputy sheriffs.
Clothed with this slight authority
they become arsenals and club and
shoot whomever comes in their