Weapon

While the right of the people to bear arms, that is, to own and preserve weapons for warfare, is secured by the constitutions, statutes may prohibit, as a police regulation, the carrying of "concealed," "deadly" or "dangerous" weapons.

Concealed weapon

A weapon willfully and knowingly covered or kept from sight.' The purpose of statutes forbidding the carrying of concealed weapons is to protect individuals against sudden, imexpected, dangerous and perhaps deadly violence inflicted with weapons which the assailant has concealed in some way about or conveniently near his person, and which he may use under sudden impulse, or deliberately and unfairly against one taken unawares; and to conserve the public peace and safety.* > 1 Bl. Com. 857-59.

2 May, Parliamentary Law, 41.

Until a pistol has lost so many of Its parts as to cease to be a fire-arm, carrying it concealed, without sufficient excuse, is indictable.^ The weapon (a pistol) need not be complete in all its parts or capable of direct and immediate use.' The implement must be carried about the person, accessible for use ip fight, and so hidden from general view as to put others off their guard. If a pistol is worn concealed, the jury may presume it was loaded and worn as a weapon; but the presumption is rebuttable.s Dangerous weapon. A weapon dangerous to life, as actually used. A weapon likely to produce death or great bodily injury.* In many cases the court may declare that a particular weapon was, or was not, a dangerous weapon; and, when practicable, it is the court's duty to do so. But where the weapon might be dangerous or not, according to the manner in which it was used or the part of the body struck, the question must be left to the jury.* That a loaded pistol is both a dangerous and a deadly weapon, the courts will notice without proof.* Deadly weapon. Includes any weapon with which a person may be wounded by cutting or stabbing. ^ A weapon likely to produce death or great bodily harm.' A hoe is per se a deadly weapon. ^ I£ a deadly weapon be used in a case of homicide in the manner in which it would be likely to produce death, the presumption of an intention to kill arises. Otherwise, if used so as not naturally to produce death.'

See Arms; Carry, 3; Contract; Defense, 1; Journey; Loaded; Shooting; Travel; Thrust.