From the outset, we see that firearms are still considered weapons under the penal code. The term firearm is defined in article 2 of the Criminal Code as “a barrel weapon from which a shot, bullet or other projectile may be fired and which may seriously injure or kill a person, and includes any frame or receiver of such firearm and anything that can be adapted for use as a firearm”. In general, the Crown must provide an expert certificate attesting that the object seized in the course of an investigation is indeed a firearm, even if this may seem obvious to all concerned. A defence lawyer experienced as a criminal lawyer ensures that all aspects of the Crown`s case are reviewed and that he or she meets his or her strict standard of proof beyond a reasonable doubt. 31 In the present case, I note that the sword, which does not clearly fall into one of the two categories, was not a suspected weapon within the meaning of Article 90; I therefore reject this claim. As you can see from the above, seemingly simple charges such as “possession of a firearm” or “carrying a hidden weapon” can raise a host of complex legal issues. With ever-increasing travel bans in the United States, it`s important that you arm yourself with an experienced criminal code attorney when defending these charges. n. any weapon that can kill. This includes not only weapons designed to cause damage, such as a gun or knife, but also blunt instruments such as clubs, baseball bats, monkey keys, a car, or anything that actually causes death. This becomes important when it comes to proving criminal charges of assault with a deadly weapon. In some cases in the 1990s, courts found stones and even penises of people with AIDS as “lethal weapons.” Law enforcement officers, who are normally required to carry weapons to perform their official duties, are exempt from firearms laws.
Individuals can apply to the local police for a firearms licence. Permits are generally granted if the person is transporting large sums of money or valuables into their business or can demonstrate a special need for personal protection. Some jurisdictions recognize “lethal weapons as such” in their criminal laws, meaning that the weapon in question will result in death, regardless of the user`s intent or mode of use. Thus, if an accused has used a weapon that is listed in the law as lethal in itself, the prosecution does not have to prove in court that the weapon is lethal. On the contrary, the lethal nature of the weapon is automatically assumed. Firearms are the most common lethal weapons in themselves, but different jurisdictions may list other weapons. For example, Nebraska considers brass or iron guns, knives, and pegs to be deadly weapons in themselves. A lethal weapon does not need to be a weapon in the traditional sense.
For example, in Acers v. The United States, the Supreme Court has recognized that a large stone can be considered a deadly weapon if it is used by a defendant to hit the victim in the head and break his skull. Some jurisdictions allow even more flexibility in the definition of a lethal weapon. For example, the Texas courts in Stanul v. Declare that a floor could be considered a lethal weapon if the defendant struck the victim`s head on it and stopped in Turner v. Clarify that hands and fists may be considered lethal weapons in certain circumstances. As you can see from the previous discussion, determining whether an object constitutes a weapon within the meaning of the Criminal Code is a difficult and complicated task for even the most experienced judges. For this reason too, it is extremely important to hire a lawyer who specializes in criminal defense.
DISCLAIMER: The Liberty Law website and its content are not intended to replace actual legal advice. On the contrary, this website (especially the blog) serves only to provide general legal information. The scenarios and concepts described may or may not apply to your particular case. Even if the scenarios described seem to apply to you, there are always exceptions to each rule that cannot be fully described here. Finally, reliance on any of the content described on this website does not establish a relationship between lawyer and client. To hire a lawyer for legal advice specific to your case, please contact one of our lawyers for free advice at 1-833-784-7500. 29 By contrast, the sword is neither a prohibited weapon nor a `weapon`, such as a firearm, the acquisition or possession of which is unlawful without prior authorisation. You can go to one of the many stores in Canada and buy such a sword by simply paying for it. If I were to place this sword in the same category as a firearm, after a close application of Felawka, it would result in a salesman not putting the sword in a large shopping bag or, in the case of a ceremonial knife, in a small shopping bag, unless the outside of the bag was clearly marked in a manner, which conveys to the public that there is a sword or knife in the pocket. A dangerous or lethal weapon is a weapon that is likely to cause death or serious bodily injury. A handgun, hand grenade or long knife are examples of deadly weapons. However, a weapon that can cause death is not necessarily a weapon that is likely to cause death.
For example, an ordinary pocket knife is capable of causing death, but it is not considered a lethal weapon. [9] Obviously, an American handgun, switch blade knife or punches can generally be considered weapons because they are designed as such. A “weapon” as defined in section 2 of the Criminal Code includes “anything that is used and intended to be used (a) to cause death or injury to a person, or (b) to threaten or intimidate a person and, without limiting the generality of the foregoing, a firearm and, for the purposes of sections 88, 267 and 272, Everything: What is used is intended to bind or bind a person against their will. Unless prohibited by law, possession or carrying of a weapon is neither a crime nor a breach of the peace. However, most states criminalize the carrying of a prohibited or concealed weapon. The term hidden means hidden, protected or hidden. The usual test for determining whether a firearm is hidden is whether the firearm is hidden from the general view of persons who are in full view of the accused and close enough to see the weapon if it were not concealed. If the surface of a weapon is covered, the fact that its outline is recognizable and recognizable as a weapon does not prevent it from being illegally hidden. In addition, most states have passed laws requiring longer prison sentences if a firearm was used to commit the crime.
