NCJ Number
52347
Date Published
1974
Length
0 pages
Annotation
THE CONSTITUTIONALITY OF WEAPONS PROHIBITIONS, POSSESSION CHARGES, THE ROLE OF ATTENDANT CIRCUMSTANCES, AND LAWS ON CONCEALABLE OR INOPERATIVE FIREARMS ARE EXAMINED IN THIS TRAINING FILM FOR CALIFORNIA LAW ENFORCEMENT PERSONNEL.
Abstract
FEDERAL AND STATE LAWS ARE REVIEWED CONCERNING WHAT CONSTITUTES A WEAPON, WHO MAY OR MAY NOT POSSESS A FIREARM, CARRYING INOPERATIVE FIREARMS, AND PROHIBITIONS ON CONCEALMENT. IT IS NOTED THAT UNDER STATE LAW, SIMPLE POSSESSION OF BLACKJACKS, BRASS KNUCKLES, AND MARTIAL ARTS PARAPHENALIA IS A CRIME AND THAT DEPENDING ON THE ATTENDANT CIRCUMSTANCES (I.E., LOCALE, SUPPOSED INTENT), POSSESSION OF GENERALLY NONCRIMINAL OBJECTS SUCH AS TABLE LEGS, OVEN CLEANING SPRAY (USED AS CHEMICAL MASE), OR SIMPLE TOOLS (E.G., HAMMERS, WRENCHES, CROWBARS) MAY ALSO CONSTITUTE A FELONY UNDER DEADLY WEAPONS PROHIBITIONS. IT IS NOTED THAT THE KNOWING POSSESSION OF TEAR GAS WEAPONS, HANDGUNS WITH ALTERED IDENTIFICATION NUMBERS, AND CONCEALED HANDGUNS, DAGGERS, AND SIMILAR WEAPONS IS ALSO ILLEGAL UNDER STATE LAW, AND FURTHER THAT ADDICTS, CONVICTED FELONS, ALIENS, MINORS, AND MENTAL PATIENTS MAY NOT POSSESS ANY WEAPON (PROHIBITED OR NOT) AND CAN NOT BE AUTHORIZED TO CARRY A CONCEALED WEAPON. FINALLY, IT IS STRESSED THAT ALTHOUGH IT IS NOT AGAINST THE LAW TO CARRY AN INOPERATIVE FIREARM, 'INOPERATIVE' IS A MITIGABLE CONCEPT. IF SOMEONE IS APPREHENDED CARRYING A HANDGUN WITH A BROKEN FIRING PIN AND A REPLACEMENT PIN IS DISCOVERED WITH THE AREA UNDER THE SUSPECTS IMMEDIATE CONTROL (I.E., ON THE PERSON OR IN A CAR CARRYING THE SUSPECT), THEN THE WEAPON IS NOT CLASSIFIED AS INOPERATIVE. A SYLLABUS AND LESSON PLAN ARE PROVIDED. FOR PART 2 SEE NCJ 52348 (KBL)