Owen Sparks
member
- Joined
- May 27, 2007
- Messages
- 4,523
Something came up in the Non-Firearms Forum that I would like post here.
We were talking about the legality of possessing tire thumpers (practically identical to a billy club) in your vehicle. Some people have been arrested and charged with carrying a concealed weapon for having one of these under the seat. There was also a case where concealed weapon charges were dropped because this item has a “peaceful use”:
First of all, the defendant did not “use” the weapon. It was simply under his seat.
But suppose that he did intend to use it as a weapon? As long as he used it only in self-defense it would still be a perfectly legal act wouldn’t it? Injuring or even killing someone can be legal and excusable under certain circumstances right? So how can having a weapon capable of inflicting bodily injury be a crime when there is a legitimate, moral and legal time to inflict bodily injury?
We were talking about the legality of possessing tire thumpers (practically identical to a billy club) in your vehicle. Some people have been arrested and charged with carrying a concealed weapon for having one of these under the seat. There was also a case where concealed weapon charges were dropped because this item has a “peaceful use”:
Evidence was insufficient to support finding that a tire thumper found in defendant's car was a "weapon" proscribed by Mo. Rev. Stat. § 571.030.1(1) (Cum. Supp. 2003) and therefore defendant's conviction of unlawful use of a weapon was reversed. The tire thumper had a peaceful use and State did not establish defendant's intent to use it in combat.
First of all, the defendant did not “use” the weapon. It was simply under his seat.
But suppose that he did intend to use it as a weapon? As long as he used it only in self-defense it would still be a perfectly legal act wouldn’t it? Injuring or even killing someone can be legal and excusable under certain circumstances right? So how can having a weapon capable of inflicting bodily injury be a crime when there is a legitimate, moral and legal time to inflict bodily injury?