NCJ Number
149979
Journal
Law Enforcement Quarterly Dated: (August-October 1994) Pages: 5- 10
Date Published
1994
Length
6 pages
Annotation
After defining "dangerous" and "deadly" weapons, this article explains California law pertinent to such weapons.
Abstract
Under California law, a "deadly weapon" is some instrument either designed to be lethal, or a dangerous implement that can be used in a lethal way. A "dangerous weapon," on the other hand, is not necessarily always deadly. It is not ordinarily lethal, although under the right circumstances, it may be used in a lethal fashion. The unloaded pistol, although not "deadly," is "dangerous," because it can still be used as a bludgeon. Concerned with the use of deadly and dangerous weapons in today's violent society, the California Legislature has provided specific statutory search and seizure authority. The legislature has also focused on the reporting of weapons offenses, since health practitioners are required by law to report to law enforcement, both orally and in writing, any patient who has suffered a wound from a knife, firearm, or other deadly weapon. This article explains California Penal Code Section 245, which pertains to assault with a deadly weapon; Section 417, which outlaws the brandishing or use of any deadly weapon other than a firearm; and Section 12020, which proscribes the possession of weapons designed to be used primarily for destructive or harmful purposes. Atypical weapons are not all listed in 12020; they are the subject of many other statutory proscriptions. These include booby traps; animals as weapons; blowguns, lasers, and stun guns; and tear gas.