Dangerous Weapons Flashcards
The carrying a dangerous weapon statute covers what 2 distinct offenses
- A person may not carry a per se weapon listed
- A person may not carry an unlisted weapon if he is being arrested under a warrant, or without a warrant for breach of the peace.
What are the two elements of carrying a dangerous per se weapon?
- The person knowingly carried on their person or under their control in a vehicle
- One of the listed weapons
What are the 9 listed per se knives?
BLASSDDDD
BLASSDDDD
Ballistic
Locked knife to be drawn in locked position (device or case)
Automatic spring in handle that releases blade over 1.5 in
Stiletto
Switch
Dagger
Detachable blade
Dirk
Double-edged
Listed per se martial arts weapons
Nunchaku
Zoobow
Klackers
Kung fu sticks
Any weapon consisting of two sticks of wood, plastic or metal connected at one end by a rope, chain or leather
Shuriken
Pointed star like object to injure when thrown
Leather armband with metallic spikes
Cestus
Manrikigusari or chain with weighted ends
Miscellaneous per se weapons
Slungshot
Blowgun
Blackjack
Metallic knuckles
Knuckles similar to metallic knuckles
Right of arrest for carrying a dangerous weapon
Felony
Distinction between possessing and carrying a dangerous weapon
Possession requires control over the item. Carrying involves movement
Can you possess per se weapons at home, office, or elsewhere for legitimate reasons?
Yes you just can’t walk or drive around with a per se weapon
Dirk knife has a long straight blade typically over __ inches
7
How the suspect _____ and ____ a knife is a key consideration in whether a knife is considered a stabbing weapon
carries and stores
Dirk knives, have a blade that
Folds into the handle
Is expandable baton similar to what police carry a per se dangerous weapon or considered a blackjack
No
What is the purpose of the part of the statute regarding weapons possessed during arrest?
To discourage carrying a weapon that might be used against arresting officers
What is the one dangerous weapon that people are not prohibited from selling
Slungshot
Where may slungshot be sold?
To clubs conducting sporting events
What is the strongest action for a manufacture or sale of dangerous weapons?
Confiscate and complaint
It is illegal to sell or offer to sell any arrowhead used for hunting to any person under the age of
15
Right of arrest for selling or offering to sell an arrowhead to anyone under 15
1st offense fine 100 and confiscate
2nd offense 500 and confiscate
3rd offense jail 6m-1yr and fine
Who is allowed to use a crossbow?
Someone that is permanently disabled to the degree where he cannot operate a conventional bow. The disability must be certified by a physician
Nobody, besides law enforcement is allowed to carry a weapon at a school unless they have
Written permission
Right of arrest for carrying a weapon on school grounds
Complaint. If in presence and breach of peace, arrest
Right of arrest for entering or attempting to enter a secure area of an airport or the cabin of an airplane while knowingly possessing or concealing a cutting device or weapon
Felony
Any weapon consisting of two sticks of _____, ______ or _____ connected at one end by a rope, chain or leather is a dangerous per se martial arts weapon
Wood, plastic or metal
Is a slungshot a per se dangerous weapon
Yes
Is a blowgun a per se weapon
Yes
A knife with a locking mechanism is not enough for a person weapon. It must have a _______ or _____ that allows the blade to be drawn in a locked position.
Device or case
Is a billy club a per se weapon
No
Are all knuckles a per se weapon or do they have to be metallic knuckles?
Any knuckles that could be used with the same effect as metallic knuckles
Are kung fu sticks a per se weapon
Yes
A leather armband with metallic spikes is a _______ weapon
Per se
Nunchaku is a _____ type of weapon
Per se
A shuriken or any similar pointed starlike object is a per se weapon if it is intended to
Injure a person when thrown
Zoobow, also known as ______ or _____ is a per se weapon
Klackers or kung fu sticks
A cestus or similar material weighted with metal or other substance and worn on the _____ is a per se weapon
Hand
A manrikigusari is a type of _____ having weighted ends and is a per se weapon
Chain
Is a blackjack a per se weapon?
Yes
A knife with a detachable blade capable of being ________ is a per se weapon
Propelled by any mechanism
Knives with an automatic spring in the handle that release a blade over ___ inches are a per se weapon
1.5
How many varieties of knives are per se weapons?
9
What is the charge for a person carrying a billy club during an arrest for breach of peace?
Carrying dangerous weapon
Offenders convicted of carrying a dangerous weapon, may have a reduced penalty if the court finds that they have not been previously convicted of
A felony
Carrying a dangerous weapon becomes a subsequent offense if the defendant has been previously convicted of what offenses (3)
Possession of firearm
Possession of dangerous weapon
Possession of machine gun or sawed off shotgun
What is the strongest action for a person possessing double edged knives or dirk knives in their house
Nothing
Strongest action for a person possessing a per se weapon at their office
Nothing
A defendant walks into public and drops brass knuckles behind a parked vehicle when he sees police, what can he be charged with?
Carrying dangerous weapon
Can a martial arts instructor or knife collector possess a per se weapon
Yes if for legitimate purposes
A _____ knife has a long, straight blade typically over 7 inches
Dirk
Can a person carrying an oversized version of a pocket knife with a 5 inch blade in the close position be convicted of carrying dangerous weapon (dirk knife)
No, because it did not share enough characteristics of a stabbing weapon
Can someone be charged with carrying a dangerous weapon if they have a 5 inch knife open in their hand or their pocket?
Yes
Aside from blade length, other characteristics of dirk knife such as _____ may indicate that the knife was designed for stabbing
Blade tapering to a sharpened tip
A pimp cane with a thin 12 inch blade can be considered a
Dagger
A pimp cane with a blade on the end is not a dirk knife because the blade did not
Fold into its handle
Do double edged knives require that the weapon be double edged along the entire length
No
Can a homemade knife found on a prison inmate qualify as a double edged blade
Yes
Can a sharpened piece of metal be considered a double-edge knife if it has no clearly marked handle
Yes
The court has suggested that the legislature should provide more _______ regarding carrying a dangerous weapon
Specific guidelines
To fill the gap of not having specific guidelines to carrying a dangerous weapon, some municipalities have adopted
Local laws
Can Lynn Police arrest someone for carrying a 4 inch blade if they have a local ordinance against it
Yes
The law now prohibits arresting juveniles under ____ years old for the violation of an ordinance or bylaw
18
Is a steak knife found in a defendants pocketbook with a serrated 8 inch blade a per se weapon
No, but it can be a dangerous weapon
A person is arrested for robbery, and officers find a knife on him. They later realize that he has an arrest warrant. Can they charge carrying a dangerous weapon when arrested under warrant?
No, the warrant must be the reason for the arrest
Can a person arrested for disorderly conduct after being seen holding a knife in their hand in public also be charged with carrying a dangerous weapon
Yes, because disorderly conduct is a breach of the peace
A passenger walks away from a car stop and ignores officers commands. The officer then frisks the person and discovers a closed folding knife in their rear pocket. The person is arrested on an outstanding warrant. Can they then be charged with carrying dangerous weapon?
No, because it was not a per se weapon, and it didn’t qualify as a dangerous weapon during a warrant because it was in his pocket and never posed a threat of harm
A person is arrested and their camper is seized under a search warrant. A spring-loaded knife with a 4 inch blade is found inside. Can they be charged of carrying a dangerous weapon?
Yes because the camper was mounted on the truck and didn’t qualify exclusively as a residence. The person was also in control of it
Right arrest for person selling a dangerous weapon
Confiscate and complaint
The defense of carrying a crossbow due to permanent disability requires that the disability must be certified by a
Physician
Right of arrest for someone carrying a double edged knife on school grounds
Complaint
Arrest if in presence and breach of peace
The law regarding dangerous items in an airport makes it unlawful to occupy or attempt to enter a _____ of an airport
Secure area
Right of arrest for trying to enter the cabin of an airplane while knowingly possessing or concealing a cutting device
Felony
Right of arrest for entering or attempting to enter a secure area of an airport while knowingly having a knife in your pocket
Felony
