Questions and Answers
What is a club?
What is a firearm silencer?
Any device designed to muffle the report of the firearm.
What characterizes an illegal knife?
What are knuckles?
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A short barrel firearm has a rifle barrel less than 16 inches.
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What is a switchblade knife?
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What is a tire deflation device?
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What is prohibited under unlawful possession of metal or body armor?
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Prohibited weapons can be registered with national firearms authorities.
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What defines unlawful transfer of certain weapons?
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What is the penalty if an offense is committed within a weapons-free school zone?
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Match the following weapons to their definitions:
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Making a firearm accessible to a child is never permissible.
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What is a readily dischargeable firearm?
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What constitutes firearm smuggling?
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Study Notes
Definitions of Weapons
- Club: Designed to inflict serious bodily injury (SBI) or death through striking; includes blackjack, nightstick, mace, and tomahawk.
- Firearm Silencer: A device meant to muffle the sound of a firearm when discharged.
- Illegal Knife: Defined as a knife with a blade longer than 5.5 inches or a throwing instrument designed to cut or stab.
Types of Knives
- Illegal Knife: Includes daggers (dirk, stiletto, poniard), Bowie knives, swords, and spears.
- Switchblade Knife: A knife with a blade that retracts into the handle and opens automatically by pressure on a button or through gravitational/centrifugal force.
Other Weapons Definitions
- Knuckles: Instruments made of hard material designed for inflicting injury when striking with a fist.
- Short Barrel Firearm: Includes rifles with barrels less than 16 inches and shotguns with barrels less than 18 inches; any modified version with an overall length under 26 inches.
Prohibited Weapons
- Definition: Weapons that include explosives, machine guns, short barrel firearms, silencers, knuckles, armor-piercing ammunition, and chemical dispensing devices.
- Legality: Possession is restricted unless registered with the national firearms registry or U.S. Department of Justice.
Unlawful Transfer of Weapons
- General Rule: Selling or transferring handguns with the knowledge that they will be used unlawfully or transferring to individuals under 18 is prohibited.
- Specific Cases: Selling firearms to intoxicated individuals or to convicted felons within five years of release is illegal.
Positions of Responsibility
- Making a Firearm Accessible to a Child: It is a crime if a child under 17 gains access to a readily dischargeable firearm due to negligence. There are certain defenses if supervision or lawful purposes were in place.
- Penalties: If a child with access causes serious bodily injury or death, law enforcement may not arrest the responsible adult until a specified period has passed.
Firearm Smuggling
- 3rd Degree: Engaging in transporting firearms acquired illegally on multiple occasions.
- 2nd Degree: Engaging in the smuggling of three or more firearms in a single criminal act.
Prohibitions for Weapon Carrying
- Illegal Carrying: Carrying handguns, illegal knives, or clubs outside of private premises unless under control is prohibited. Exceptions apply only while in transit to or from one's motor vehicle, in plain view, and not while engaged in criminal activity.
- Restricted Locations: Prohibited from carrying weapons in places like schools, courthouses, polling locations, racetracks, and secured areas of airports.
Evidence and Legal Definitions
- Maps as Evidence: Maps created by local governments indicating weapon-free zones are admissible in court and serve as presumptive evidence.
- Affirmative Defense: Options available for individuals who inadvertently allow access to a child unless certain factors apply.
This summary provides essential insights into the definitions, classifications, and legal implications regarding weapons under the Penal Code.
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Description
Test your knowledge on Chapter 46 of the Penal Code, focusing on weapons and their definitions. This quiz includes key terms like 'club', 'firearm silencer', and 'illegal knife'. Challenge yourself to understand the legal definitions and implications of various weapons.
