NCJ Number
52348
Date Published
1975
Length
0 pages
Annotation
IN THIS TRAINING FILM FOR CALIFORNIA LAW ENFORCEMENT PERSONNEL, FEDERAL AND STATE LAWS ARE REVIEWED REGARDING WHAT CONSTITUTES A DEADLY WEAPON AND THE CHARACTERISTICS OF CONCEALABLE WEAPONS.
Abstract
IT IS DEMONSTRATED THAT ANY OBJECT, NO MATTER HOW INNOCENT, CAN BE CLASSIFIED AS A DEADLY WEAPON DEPENDING ON THE CIRCUMSTANCES ATTENDING ITS USE IN A CRIMINAL ATTACK. IF IN THE COURSE OF A RESIDENTIAL BURGLARY, AN OFFENDER SMOTHERS A RESIDENT WITH A PILLOW, A CHARGE OF HOMICIDE AND ASSAULT WITH A DEADLY WEAPON IS JUSTIFIED, BECAUSE A NORMALLY HARMLESS ITEM WAS APPLIED WITH HARMFUL INTENT. IT IS THE INTENT OF THE ASSAULT, AND NOT THE NATURE OF THE OBJECT USED IN THE ASSAULT, THAT DETERMINES THE APPLICABILITY OF CERTAIN WEAPONS STATUTES. AS FOR CONCEALED WEAPONS, SUCH FACTORS AS THE SIZE OF THE WEAPON, THE NATURE OF ITS CONCEALMENT, AND THE LOCALE DETERMINE WHETHER FELONY OR MISDEMEANOR STATUTES APPLY. FOR EXAMPLE, IN CALIFORNIA, A CONCEALABLE HANDGUN IS DESCRIBED AS ONE HAVING A BARREL LENGTH NOT EXCEEDING 22 INCHES; THUS, CONCEALING A HANDGUN WITH A 23 INCH BARREL IS NOT A FELONY. FURTHER, IF DURING A ROUTINE TRAFFIC STOP A PATROL OFFICER NOTICES A HANDGUN CONCEALED UNDER A COAT ON THE SEAT OF A CAR, THE DRIVER OF THE CAR (SINCE HE OR SHE IS TECHNICALLY IN CONTROL OF THE AREA ENCOMPASSED BY THE PHYSICAL DIMENSIONS OF THE VEHICLE) CAN BE ARRESTED FOR CARRYING A CONCEALED WEAPON. HOWEVER, IF A PASSENGER IN THE CAR ADMITS TO OWNERSHIP OF THE WEAPON, NO CHARGES CAN BE FILED AGAINST EITHER THE DRIVER OR THE PASSENGER SINCE THE DRIVER IS NOT IN TECHNICAL CONTROL OF THE WEAPON AND THE PASSENGER IS NOT IN TECHNICAL CONTROL OF THE SPACE WHERE THE WEAPON IS CONCEALED. THE STATUS OF SPORTSMEN AND HUNTER VIS-A-VIS PROHIBITION STATUTES IS ALSO ILLUSTRATED. A SYLLABUS AND LESSON PLAN ARE PROVIDED. FOR FIRST PART SEE NCJ 52347. (KBL)