CC Definition of a Weapon

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Thefairburn
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CC Definition of a Weapon

Postby Thefairburn » Fri Feb 22, 2019 3:58 pm

Hello all,

Forgive me if this post is not in the correct section. This isnt neceserally about a case law, more a legal question that I would like answered, and I figure all the legal guru's hang out here. I have scowered the web and havent found this specific question.

I have a rather specific question regarding the definition of a weapon with regards to concealment. So I am aware that any device not listed as prohib is not a weapon, until it is used or intent is shown to use it for harm, i.e, a hammer, bat, collapsible baton (NOT spring loaded), etc. At which point a charge of 'assault with a weapon' may apply.

My question specifically surrounds the latter, the collapsible baton. In my work some of the areas I attend are fairly rural, and I have seen cougars physically present and have seen evidence of bears being on site. I may carry bear spray and I do have a large-ish flashlight, though Id be concerned that may not cut it for emergency impact should an animal keep coming. The issue here arises in that openly displaying a baton would be a sizable no-go with my company policy.

Now correct me if Im wrong but that collapsible baton isnt classified as a 'weapon' until I were to use or intend to use it against a person. So until that onus is reached, is it then classified as a tool, like a hammer would be? Or would it still be considered a weapon, or perhaps would the act of concealing it cause it to be classed as a weapon?

Im sure I could get an answer that is an equally hard to understand paraphrase of the criminal code definition from a lawyer, but I figure my best bet to get a straight and understandable answer is to ask the guys who handle these kinds of issues on the road. Thanks in advance!

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Dave Brown
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Re: CC Definition of a Weapon

Postby Dave Brown » Fri Feb 22, 2019 4:15 pm

Firstly, you are confusing the definition of a weapon with the definition of a prohibited device. Anything can be a weapon, as you say. Not everything is a prohibited device. A collapsible baton is not a prohibited device. (The spring-loaded collapsible baton IS a prohibited device.)

OC spray intended for use against humans is a prohibited device. OC spray intended for use against animals is not. OC spray intended for use against animals but used or intended to be used on humans can be both a weapon, plus a prohibited device.

If your employer does not allow the carrying of a baton, then you are not just violating their rules but also accepting sole liability should something happen. Don't do it. If you think you can conceal it and escape the oversight by your employer, you are leaving yourself wide open to getting (justifiably) fired.

A collapsible baton is NOT an acceptable device for defence against animal attacks. It is MOST CERTAINLY NOT suitable for use against large animals such as a bear. If a bear attacks, you will not have time to remove it from your pocket, extend it and use it against the animal. It will also anger the animal and you risk turning a territorial or curios bear approach into a predatory attack. DON'T DO IT.

Bear spray is the most effective defence against bears if you know how to use it properly. If bears are a problem, your employer has an obligation to both train you on bear spray and provide it for you. You shouldn't be asking these kind of questions in here; you should be asking these questions to your employer. This is not an "ask a cop" forum.


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