Weapons Flashcards
(55 cards)
What is the basic offense of carrying a concealed weapon in VA?
Carrying about the person, hidden from common observation, any pistol, revolver, or other weapon listed in the statute (or weapon of like-kind). It’s typically a Class 1 Misdemeanor.
Do “No Guns” signs legally prohibit someone with a valid concealed carry permit from carrying concealed?
According to these notes, no.
List weapons specifically prohibited from being carried concealed (besides standard pistols/revolvers).
Dirk, bowie knife, stiletto, ballistic knife, machete, razor, sling bow, spring stick, metal knucks, blackjack, nunchaku (nun chucks), throwing star, oriental dart.
What does the term “weapon of like-kind” mean in the context of concealed carry?
A weapon not specifically listed but possessing similar characteristics (e.g., cutting, thrusting, stabbing ability; detachable/projectable blade; cross guard; hilt) to those that are listed.
- Is it a weapon or made for fighting purposes? (If no, stop).
- If yes, is it “like-kind” / does it possess similar characteristics to weapons listed in the statute?
Dirk
A weapon with two sharp edges and a point.
Define: Bowie Knife
A large sheath knife, typically with a crossguard and a clip point (curved shape).
Stiletto
A weapon with a long, slender blade, a needle-like point, and often a crossguard.
Ballistic Knife
A knife where the blade can be launched out from the handle. (If broken/inoperable, it ceases to be legally “ballistic” but could still be another prohibited weapon)
Sling Bow
A hybrid weapon combining elements of a slingshot and a bow/arrow.
Blackjack
A weapon typically consisting of metal enclosed in leather.
Spring Stick
A spring-loaded baton that increases in length when deployed.
Is a switchblade specifically listed as a prohibited concealed weapon in these notes?
No, the notes state it is not on the list and won’t be charged if simply spring-loaded.
Are kitchen knives generally prohibited from concealed carry?
No.
Is a knuckle knife prohibited from concealed carry?
Yes
What is the 2-part analysis to determine if an unlisted item is a prohibited concealed weapon?
- Is it a weapon or made for fighting purposes? (If no, stop). 2. If yes, is it “like-kind” / does it possess similar characteristics to weapons listed in the statute?
Is the person’s intended use for carrying an item relevant in a concealed weapon analysis?
No, only the characteristics of the item matter.
What does “about his person” mean for concealed carry?
Available for prompt and immediate use. (e.g., Not usually in the trunk).
Scenario: Is a gun locked in a center console considered “about his person” if the driver has the key (e.g., in the ignition)?
Yes
What does “hidden from common observation” mean?
Concealed or disguised (like spy gadgets).
What is the legal effect of having a valid concealed handgun permit when charged with carrying a concealed weapon?
It serves as an affirmative defense.
Are exceptions to the concealed carry law (like the container exception) considered affirmative defenses?
Yes.
Give an example of a container exception for concealed carry.
Weapon secured in a latched glove box or a zipped book bag.
What are the elements for possessing a firearm while simultaneously possessing drugs under scenario (A)?
Unlawful for anyone: 1. In possession of a Schedule I or II controlled substance, 2. With knowledge and intent regarding the substance, 3. Simultaneously possessing any firearm.
Does “simultaneously” possessing drugs and a firearm require them to be in the same physical location?
No. (Example: Gun in work locker, drugs at home still counts).
