CHAPTER 10

Weapons Offenses. NOTE THAT THIS CHAPTER WILL NEED TO BE REVISED BY POST DUE TO THE PASSAGE OF THE CCW LAW.

OBJECTIVE #1 -

Definitions - Concealable Firearms - MCCH Ch. 10.4 Definitions; also 10.8 Definitions: any firearm with a barrel less than 16 inches in length, measured from the face of the bolt or standing breech. Concealed Firearm - MCCH Ch. 10.4 Comments; also 10.8 Comments: not discernable by ordinary observation. Review definition of deadly weapon and dangerous instrument in your notes from Chapter 5 or Dangerous Instrument – See MCCH Definitions located at the end of the manual. Deadly Weapon – See MCCH Definitions located at the end of the manual.

OBJECTIVE #2 -

Armed Criminal Action. MCCH Ch. 10.2 - Armed Criminal Action - Discussion question - Why do we have ACA? (Increase the penalty on anyone using a dangerous or deadly weapon).

1. Why are (1a - 1e) felonies excluded? We would be punishing twice for exact same offense - just possession may be felony. 1a- Does gun have to be loaded or operating to be convicted of act - No - dangerous weapon in and of itself.

2. But note that other than these can convict of: Any other felony plus ACA - conviction & commission of underlying felonies required must be convicted of other felonies.

3. 1st Offense - Not less than 3 years.

4. 2nd Offense - Not less than 5 years.

5. 3rd Offense - Not less than 10 years.

So not only aggravates punishment for 1st offense but aggravated for 2nd and 3rd.

B. Other Weapon Offenses.

Possession, Manufacture, Transport, Repair, or Sale of Certain Weapons Prohibited. MCCH Ch. 10.3

1. Possession, Manufacturing, transport repair or sells -

a. Certain weapons - just violation to possess (read list).

2. Unlawful Use of Weapons - MCCH Ch. 10.4

a. Note - Items B & H are fairly obvious elements i.e.:

Setting a spring gun.

Firing into a building (certain)

Exhibiting in an angry or threatening manner with someone around.

Possessing while drunk.

Discharging into certain buildings, or highways.

Carrying into certain areas.

Difficult one is carrying concealed on person

1. Important Definitions

a. D intended to carry in a concealed manner (Not discernable by ordinary observation)

b. Weapon was concealed on D's person or in such close proximity to be under his easy and convenient control.

1. Unlocked attache case - D's carrying it.

2. Between car seats.

3. Under driver's seat.

4. D's purse.

c. Examples -

1. Not discernable from a single vantage point but from other position clearly discernable - not concealed.

2. Officer approaches car and D throws gun out window. Officer did not get close enough to see where weapon was lying in the car.

3. Officer observed D either place or retrieve object from under passenger seat - close enough for concealed, in close proximity.

C. Other specialized weapon offenses

1. Knowingly defacing - altering identification number.

2. Possessing defaced firearm - difficult to prove, i.e. I didn't know serial number was missing. Adopted 1981 – a misdemeanor.

3. Unlawful transfer - knowingly delivering weapon to felon, person under 18 years of age without parental consent or to drunk.

4. Possession of a concealable firearm by felon and certain others is unlawful possession. See MCCH 10.9

a. Concealable firearm - does not have to be concealed however. Definition of concealable = less than 16 inch barrel.

Weapon capable of lethal use. An operable firearm is a lethal weapon whether loaded or unloaded.

Unlawful possession

a. Must only be concealable, i.e., 16" or less barrel.

Must have a permit to acquire a concealable weapon. This permit gives no authority to carry a concealed weapon.

Must also apply for a CCW certificate/endorsement to carry a weapon concealed under the new state law unless you are over 21 and only carry the weapon in a vehicle. No permit needed to have a gun in a vehicle assuming you are over 21 and are not otherwise disqualified to carry. See MCCH 10.9

Revised 4/01