Lots of myths are out there about how local Western towns approached guns in their earliest years. Below is the city ordinance of Cheyenne, 1867.
Below is an article listing the various gun control ordinances in many Wyoming towns. It is just plain wrong that guns were acceptable everywhere in those days. It does seem odd that this chapter of the state’s history is either denied or ignored by the modern-day gun-toting fan who wants to feel like s/he is only doing what his/her ancestors did by carrying around an arsenal.
People who moved to the earliest Wyoming towns did not want to encounter the “Old West” as described in the dime novels of the day. They wanted to live in a place where they and their children would be able to live safely. As the article states, there were issues with enforcement, but it is interesting to note that the classic “show-down” on main street between two gun-toting fast-draw artists happened only one time in Cheyenne–it was a couple of drunken railroaders who took their dispute out of the bar. As the published account of the incident stated, even though they were quite close to one another at the draw, both shooters missed!
Such incidents may have occurred frequently in the “saloon/brothel section” of many Wyoming towns, but for the town leaders, you took your chances if you chose to spend your time in those places. But in the community, you had to behave and that meant leaving your guns at home.
History of Gun Control Ordinances in Early-Day Wyoming Towns: Some Samples
By Phil Roberts, January 2013
As a historian of Wyoming’s past, I find it annoying when I hear someone allege that something we’re about to do “goes back to the way it once was in Wyoming” or “it’s part of our state’s legacy” — particularly when the assertion is totally untrue.
Almost always, such a claim does not come from “history” but only from the speaker’s vivid imagination or from memories of fictional Western films or TV. A good example is the debate over carrying firearms — open or concealed in every town — regardless of what the town residents want, supposedly like it was in the Wyoming of the “old West.”
Well, sorry, those legislators and gun lobbyists who said they were trying to “return Wyoming to where everyone in every town carried a gun” were wrong. What they were claiming wasn’t the way it was, at least in most Wyoming towns.
In a random check of the earliest town ordinances for six Wyoming towns, I found that five of the six had historical ordinances specifically stating that it was against the law to carry a firearm, either openly or concealed, in the town limits. Violations could lead to fines and jail time.
Of course, I’m not saying that the laws were always enforced or that everyone coming to town agreed with their ordinances. Outlaws and the criminal elements roaming the West wouldn’t have agreed with them. Nonetheless, the passage of such ordinances shows what pioneers in Wyoming towns valued and how they aspired to create safe, law-abiding communities.
Cheyenne: The ordinance was passed Sept. 30, 1867, just 88 days after General Dodge picked the spot where the “magic city” was to be.
Proponents of one 2013 gun bill, denying towns the right to set their own rules, said that uniformity was necessary or someone visiting a town with a strict ordinance “might get confused.” What if someone doesn’t know they were violating one town’s firearms ordinance?
Cheyenne town fathers in 1867 took care of that problem: “It shall be the duty of the Police officers to arrest any person found in the act of violating this ordinance except in the cases of strangers and non-residents of this city who shall be first informed of this ordinance and allowed thirty minutes to comply herewith and should they refuse or neglect to do so within that time they shall be held answerable to the penalties hereof.”
Some early-day newspaper editors explained the rationale for attempting to keep their towns free of guns. Take, for instance, in Cheyenne:
Cheyenne Leader, Oct. 3, 1867, Vol. 1, No. 6, p. 1, right column. .N. A. Baker, Editor and Proprietor, office on the west side of O’Neill street, between Seventeenth and Eighteenth streets.
“Lawlessness.
“The growing indifference, if not utter contempt, with which all law as well as every right, human or divine, is regarded by a fearless and increasing portion of our population in fearful to contemplate; and, is a subject for serious reflection as well as prompt action on the part of all law-abiding and justice-loving citizens. These remarks are not intended for the benefit of this community in particular, but are applicable in our country at large.
“Reports come to us every day and from all parts of the Union of horrible and frequent acts of violence and bloodshed. Whatever may be considered the anterior or primary cause of this indifference to human life, and reckless disregard of consequences—whether it may be a want of proper and careful training of our youth by parents and guardians, or whether it may be charged as one of the results of the late deplorable war, which has made us familiar with scenes of blood and death, or whether it may be owing to our mode of “fast” living and the generally unsettled state of society throughout the whole United States is a question which we have neither time or space to discuss at present.
“Certain it is, that a good portion of the crimes committed at the present day, is owing in part, to the evil and almost universal practice of carrying deadly weapons. So general has this pernicious practice become that it is, perhaps, not an extravagant assertion to make, that at least two thirds of our citizens are constantly attended at home as well as abroad, by derringers, revolvers, or bowie knives which they are always ready to display and use whenever they think the opportunity a favorable one. They rely upon themselves for protection; they carry their own law and execute their own judgment, whether it be in the urgent need of self defense, or a devilish spirit of murderous revenge. And so familiar have we become with this deplorable state of affairs, that the killing of a human being has become a common jest, and the most hideous murder is lightly, unfeelingly and disgustingly spoken of as—” another man for breakfast!”
“Although the Common Council of our city has passed a very wholesome ordinance, forbidding the carrying of concealed weapons, the citizens individually have much to do; and it rests in part with them to see that the law is observed; and, every man by his own example may assist in the good work of making this a peaceful community where the humblest and weakest may go forth at any hour of the day or night, unarmed and alone, and without fear or trembling.”
Worland: A regulation against carrying guns in the town limits was the ninth ordinance passed by the town council: “It shall be unlawful for any person in the Town of Worland to bear upon his person, concealed or openly, any fire arm or other deadly weapon within the limits of said town.” It was passed and adopted unanimously by the council, consisting of several old-time cattlemen and some pioneer businessmen, on May 9, 1906, in the first year of Worland’s existence.
Lusk: It took a bit more time from the town founding to its incorporation a decade later, but the council passed the following ordinance on Aug. 1, 1898, as the sixth ordinance adopted by the new municipality: “It shall be unlawful for any person in the Town of Lusk to bear upon his person, concealed or openly, any firearm or other deadly weapon within the limits of said town.”
Casper: Passed a similar ordinance as the Lusk ordinance a year earlier in 1897.
Laramie: The Charter and Ordinances of the City of Laramie, compiled by C. E. Carpenter, City Attorney, 1887. (Boomerang Publishing Co., Laramie).
Concealed or open-carry guns: Under Article II of Misdemeanors, pp. 103-04: Sec. 3: Hereafter it shall be unlawful for any person in the City of Laramie to keep or bear upon the person any pistol, revolver, knife, slung-shot [sic], bludgeon or other lethal weapon (except the officers of the United States, of the territory and of the city) and every person violating the provisions of this section shall, upon conviction, be fined a sum not less than $5 nor more than $50. Provided, that persons not residents of the city shall be notified of this ordinance by the police or any citizen, and after thirty minutes from the time of notification shall be held liable for the penalties of this section.” Ordinance approved March 23, 1887.
But in 1887, the following ordinance was added: “Article II, Sec. 3. Hereafter it shall be unlawful for any person in the City of Laramie to keep or bear upon the person any pistol, revolver, knife, sling-shot, bludgeon or other lethal weapon (except the officers of the United States, of the territory and of the city) and every person violating the provisions of this section shall, upon conviction, be fined in a sum not less than five dollars nor more than 50 dollars. Provided, That persons not residents of the city shall be notified of this ordinance by the police or any citizen, and after thirty minutes from the time of notification, shall be held liable to the penalties of this section.” Passed March 23, 1887. (pp. 103-04, Charter and Ordinances of the City of Laramie, 1887. Boomerang Printing Co.) KFX 1603 .L67 A35
Sheridan: Revised Ordinances of the City of Sheridan, 1908. (Sheridan: Post Printing Co.) Section 199.
“It shall be unlawful for any person within the City of Sheridan to keep or bear upon the person any slingshot, bludgeon, or other lethal weapon, or to bear upon or about his person concealed or otherwise, any pistol, revolver, or bear concealed about his person any knife whose blade shall exceed four inches in length. Provided, however, that this section shall not apply to any army officer of the US, the State, the Counties of this State, or of any City thereof, or of the officers of other jurisdictions, within this city in the lawful discharge of their duties as such officers; nor shall the same apply to soldiers of the US, or militia men of this or other States, while lawfully engaged in their duties as such soldiers or militiamen, nor to the carrying of a rifle or gun by any person while lawfully going upon a hunting trip or returning therefrom.” p. 47.
Rawlins. Revised Ordinances of the City of Rawlins. Compiled by A. McMicken, City Attorney, 1893. The Journal Publishing Co., Rawlins, 1893.
Article VII. Carrying Fire Arms and Lethal Weapons. Sec. 1. It shall be unlawful for any person in said city to keep or bear upon the person any pistol, revolver, knife, slingshot, bludgeon or other lethal weapon, except the officers of the united States, of the State of Wyoming, of Carbon County and of the City of Rawlins.
Sec. 2. Any person convicted of a violation of the preceding section shall be fined not exceeding $100 or imprisoned in the city jail not exceeding thirty days.
Sec. 3. Persons not residing in said city shall be notified of this ordinance by the police or any citizen, and after 30 minutes from the time of notification, shall be held liable to the penalties of this article, in case of violation.
Sec. 4. The city marshal and policemen of the city shall arrest, without warrant, all persons found violating the provisions of this article, and are hereby authorized to take any such weapon from the person of the offender and to imprison the offender for trial, as in case of violations of other Ordinances of said city.
Sec. 5. This ordinance shall be in force and effect from and after its passage.
Revised, passed and adopted March 3, 1893. Chas. E. Blydenburgh, President of the Board, Approved by John C. Davis, Mayor. (pp. 131-132)
Cody. Its ordinance was the least restrictive:
Dangerous Weapons. Concerning the Carrying of Dangerous or Deadly Weapons, Either Concealed or Otherwise, and Fixing the Penalty Therefor.
Be It Ordained by the Town Council of the Town of Cody:
Section 1. It shall be unlawful for any person to wear or carry, any dirk, slingshot, bowie knife, dagger, sword-in-case or other dangers or deadly weapon concealed, or who shall carry or wear such weapons openly, with the avowed purpose of injuring his fellowmen, or of disturbing the peace of the Town of Cody, or any of the inhabitants thereof. Passed June 7, 1905. J. M. Schwoob, Mayor. Compilation of the Ordinances of the Town of Cody, Since Nov. 18, 1901 to Feb. 10, 1921, inclusive. William L. Simpson, City Attorney. Feb. 10, 1921. p. 27.
$5 to $100 fine.
But included this ordinance adopted Sept. 6, 1920. “It shall be unlawful for any persons attending any dances within the Town of Cody to engage in any improper, indecent, immoral or lascivious dances.”
Thermopolis: The one exception to gun ordinances was the county seat of Hot Springs county where there were no specific ordinances against carrying open or concealed guns in town (although such action is implied in an ordinance banning firing weapons in the town limits).
It’s not to say that Thermopolis wasn’t concerned about the safety of their citizens — at least their moral safety. They passed an anti-swearing ordinance in 1904:
“[Anyone], where there are either persons to be offended or annoyed thereby, [who] uses or utters obscene or licentious language or words in the presence or hearing of any female, or who shall use boisterous, profane or offensive language in any public place or upon any street of the Town of Thermopolis, which shall tend toward a breach of the peace, shall be deemed guilty of a nuisance.”
So to those 2013 legislators espousing fantasies about the state’s “Old West” history, who wanted to centralize control over firearms in Wyoming towns in state law, you were not “returning Wyoming” to anything. By not letting individual towns make the decision, you were embarking on distinctly non-Wyoming methods of trying to force everyone to think and act alike. Uniformity isn’t a quality Wyomingites, past or present, ever enthusiastically embrace. I hope you don’t waste time in the next session with such proposals and, instead, use that time to read some Wyoming history.
concerning the carrying of fire arms…”
Most Wyoming towns had ordinances restricting the carrying of guns within the city limits. This included open and concealed weapons. The below ordinance was passed as the seventh city ordinance, passed less than three months after Grenville Dodge selected the future townsite. Similar laws were passed by city councils in many other towns, including Laramie, Rawlins, Casper, Lusk, Sheridan and Cody. Most remained on the books well into the 20th century.
Minutes of the Council of the City of Cheyenne, Sept. 30, 1867.
The council met in special session pursuant to notice previously given.
Present: Mayor Hook, Councilmen….
The following ordinance concerning carrying firearms was presented and on motion of Mr. Preshassor accepted.
An ordinance concerning the carrying of fire arms
Be it ordained by the city council of the city of Cheyenne that
Sec. 1. It shall be unlawful for any person, other than a member of the police force, to carry or keep any Fire Arms of any description, or any bowie knife, dagger, sling shot or other dangerous weapon upon his or her person either publicly or concealed.
Sec. 2: Any person convicted of a violation of this ordinance, shall be fined [for each violation] a fine not exceeding one hundred dollars or less than five dollars or imprisonment not exceeding 30 days, in the discretion of the court or by both fine and imprisonment.
Sec. 3. It shall be the duty of the Police officers to arrest any person found in the act of violating this ordinance except in the cases of strangers and non-residents of this city who shall be first informed of this ordinance and allowed thirty minutes to comply herewith and should they refuse or neglect to do so within that time they shall be held answerable to the penalties hereof.
Approved Sept. 30, 1867.
On motion it was ordered that the above ordinance be printed in the form of hand bills and posted in public places throughout the city.