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Crim Law Other > Dangerous Weapons > Flashcards

Dangerous Weapons Flashcards

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1
Q

The carrying a dangerous weapon statute covers what 2 distinct offenses

A
  1. A person may not carry a per se weapon listed
  2. 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.
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2
Q

What are the two elements of carrying a dangerous per se weapon?

A
  1. The person knowingly carried on their person or under their control in a vehicle
  2. One of the listed weapons
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3
Q

What are the 9 listed per se knives?
BLASSDDDD

A

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

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4
Q

Listed per se martial arts weapons

A

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

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5
Q

Miscellaneous per se weapons

A

Slungshot
Blowgun
Blackjack
Metallic knuckles
Knuckles similar to metallic knuckles

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6
Q

Right of arrest for carrying a dangerous weapon

A

Felony

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7
Q

Distinction between possessing and carrying a dangerous weapon

A

Possession requires control over the item. Carrying involves movement

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8
Q

Can you possess per se weapons at home, office, or elsewhere for legitimate reasons?

A

Yes you just can’t walk or drive around with a per se weapon

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9
Q

Dirk knife has a long straight blade typically over __ inches

A

7

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10
Q

How the suspect _____ and ____ a knife is a key consideration in whether a knife is considered a stabbing weapon

A

carries and stores

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11
Q

Dirk knives, have a blade that

A

Folds into the handle

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12
Q

Is expandable baton similar to what police carry a per se dangerous weapon or considered a blackjack

A

No

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13
Q

What is the purpose of the part of the statute regarding weapons possessed during arrest?

A

To discourage carrying a weapon that might be used against arresting officers

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14
Q

What is the one dangerous weapon that people are not prohibited from selling

A

Slungshot

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15
Q

Where may slungshot be sold?

A

To clubs conducting sporting events

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16
Q

What is the strongest action for a manufacture or sale of dangerous weapons?

A

Confiscate and complaint

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17
Q

It is illegal to sell or offer to sell any arrowhead used for hunting to any person under the age of

A

15

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18
Q

Right of arrest for selling or offering to sell an arrowhead to anyone under 15

A

1st offense fine 100 and confiscate
2nd offense 500 and confiscate
3rd offense jail 6m-1yr and fine

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19
Q

Who is allowed to use a crossbow?

A

Someone that is permanently disabled to the degree where he cannot operate a conventional bow. The disability must be certified by a physician

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20
Q

Nobody, besides law enforcement is allowed to carry a weapon at a school unless they have

A

Written permission

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21
Q

Right of arrest for carrying a weapon on school grounds

A

Complaint. If in presence and breach of peace, arrest

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22
Q

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

A

Felony

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23
Q

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

A

Wood, plastic or metal

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24
Q

Is a slungshot a per se dangerous weapon

A

Yes

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25
Q

Is a blowgun a per se weapon

A

Yes

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26
Q

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.

A

Device or case

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27
Q

Is a billy club a per se weapon

A

No

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28
Q

Are all knuckles a per se weapon or do they have to be metallic knuckles?

A

Any knuckles that could be used with the same effect as metallic knuckles

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29
Q

Are kung fu sticks a per se weapon

A

Yes

30
Q

A leather armband with metallic spikes is a _______ weapon

A

Per se

31
Q

Nunchaku is a _____ type of weapon

A

Per se

32
Q

A shuriken or any similar pointed starlike object is a per se weapon if it is intended to

A

Injure a person when thrown

33
Q

Zoobow, also known as ______ or _____ is a per se weapon

A

Klackers or kung fu sticks

34
Q

A cestus or similar material weighted with metal or other substance and worn on the _____ is a per se weapon

A

Hand

35
Q

A manrikigusari is a type of _____ having weighted ends and is a per se weapon

A

Chain

36
Q

Is a blackjack a per se weapon?

A

Yes

37
Q

A knife with a detachable blade capable of being ________ is a per se weapon

A

Propelled by any mechanism

38
Q

Knives with an automatic spring in the handle that release a blade over ___ inches are a per se weapon

A

1.5

39
Q

How many varieties of knives are per se weapons?

A

9

40
Q

What is the charge for a person carrying a billy club during an arrest for breach of peace?

A

Carrying dangerous weapon

41
Q

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

A felony

42
Q

Carrying a dangerous weapon becomes a subsequent offense if the defendant has been previously convicted of what offenses (3)

A

Possession of firearm
Possession of dangerous weapon
Possession of machine gun or sawed off shotgun

43
Q

What is the strongest action for a person possessing double edged knives or dirk knives in their house

A

Nothing

44
Q

Strongest action for a person possessing a per se weapon at their office

A

Nothing

45
Q

A defendant walks into public and drops brass knuckles behind a parked vehicle when he sees police, what can he be charged with?

A

Carrying dangerous weapon

46
Q

Can a martial arts instructor or knife collector possess a per se weapon

A

Yes if for legitimate purposes

47
Q

A _____ knife has a long, straight blade typically over 7 inches

A

Dirk

48
Q

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)

A

No, because it did not share enough characteristics of a stabbing weapon

49
Q

Can someone be charged with carrying a dangerous weapon if they have a 5 inch knife open in their hand or their pocket?

A

Yes

50
Q

Aside from blade length, other characteristics of dirk knife such as _____ may indicate that the knife was designed for stabbing

A

Blade tapering to a sharpened tip

51
Q

A pimp cane with a thin 12 inch blade can be considered a

A

Dagger

52
Q

A pimp cane with a blade on the end is not a dirk knife because the blade did not

A

Fold into its handle

53
Q

Do double edged knives require that the weapon be double edged along the entire length

A

No

54
Q

Can a homemade knife found on a prison inmate qualify as a double edged blade

A

Yes

55
Q

Can a sharpened piece of metal be considered a double-edge knife if it has no clearly marked handle

A

Yes

56
Q

The court has suggested that the legislature should provide more _______ regarding carrying a dangerous weapon

A

Specific guidelines

57
Q

To fill the gap of not having specific guidelines to carrying a dangerous weapon, some municipalities have adopted

A

Local laws

58
Q

Can Lynn Police arrest someone for carrying a 4 inch blade if they have a local ordinance against it

A

Yes

59
Q

The law now prohibits arresting juveniles under ____ years old for the violation of an ordinance or bylaw

A

18

60
Q

Is a steak knife found in a defendants pocketbook with a serrated 8 inch blade a per se weapon

A

No, but it can be a dangerous weapon

61
Q

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?

A

No, the warrant must be the reason for the arrest

62
Q

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

A

Yes, because disorderly conduct is a breach of the peace

63
Q

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?

A

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

64
Q

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?

A

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

65
Q

Right arrest for person selling a dangerous weapon

A

Confiscate and complaint

66
Q

The defense of carrying a crossbow due to permanent disability requires that the disability must be certified by a

A

Physician

67
Q

Right of arrest for someone carrying a double edged knife on school grounds

A

Complaint
Arrest if in presence and breach of peace

68
Q

The law regarding dangerous items in an airport makes it unlawful to occupy or attempt to enter a _____ of an airport

A

Secure area

69
Q

Right of arrest for trying to enter the cabin of an airplane while knowingly possessing or concealing a cutting device

A

Felony

70
Q

Right of arrest for entering or attempting to enter a secure area of an airport while knowingly having a knife in your pocket

A

Felony

Crim Law Other (27 decks)

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