Gents:
An interesting discussion in terminology. If you carry a knife in your pocket, is it a weapon or a tool? Depends on your intent. A knife is designed to cut. If you are carrying it for defense against another, it is a weapon. If it is to cut boxes, it is a tool.
Are firearms weapons or tools? Again, it depends on your intent. If you carry for the purpose of protection or to be used for protection, then they are weapons. If they are carried for the purpose of "punching holes in paper", then they are tools in a sense. Legally, it is the intent of the person carrying the firearm that defines it. In the hands of the military or police, firearms are weapons; their sole purpose is to injure others when necessary. In peacetime, firearms in the hands of Joe Citizen is for the purpose of .... depends on the intent. The Constitution says that "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." They did not use the term weapons, they said Arms - firearms. No intent implied. Following the interpretation of the 2nd Amendment, the Commonwealth of Virginia
has a right to carry law. You can apply for a "permit to carry a concealed handgun" with proper ID. Unless you are a felon or otherwise legally not allowed to do so, your permit will be granted. This is NOT A CONCEALED WEAPONS PERMIT. It is merely permission to carry a handgun concealed. There is no intent applied to it. It is your RIGHT to carry a concealed handgun. Period. You may ask, what is your intent in carrying? Since I do not legally have to give you a reason or define it as for protection, then it is simply my right to do so. If accosted, and I use it with deadly force, then it is a weapon. If someone asks me why do I carry a handgun, I respond that it is my right to do so. No intent. And the Commonwealth of Virginia agrees with me. I would not say that it is to defend myself, since this would be an admission that it is a weapon.
I realize that this has not put the arguement to rest. What is the purpose of a firearm? Is is a weapon to kill another human being? An animal? Target practice? It is an invention, a piece of wood and metal that has the potential to deliver a projectile for the purpose of ______. You fill in the blank. If it is to kill, its a weapon. If it is to target shoot for sport, it is not a weapon.
If you think that this is just a matter of "choosing one's words", you are correct. Choosing one's words in a court of law. If stopped by a policeman and legally searched they find a knife and ask what it is for. If you respond "to protect myself", it can be considered a concealed weapon in some states and you can be arrested. If it is to cut boxes at work, then it is not a weapon, unless defined by style, size, or "switcability".
Some items by LEGAL definition are considered weapons - brass knuckles, certain martial arts items, switchblades, dirks and daggers to name of few. Some states define concealed loaded firearms weapons.
This may be a fine point, but legally, I am not willing to give in and call all firearms weapons. When teaching my sons and daughter the safe handling of firearms, I told them of the potential they have to injure others, merely by the design of the firearm and its potential with unsafe handling. The firearm has no intent. The end user does. I also teach them the safe handling of matches, chemicals, bows and arrows, cars, electricity, and boiling water; all of which can be weapons, not by design, but by intent.
As the old story goes, the man, legally carrying a firearm, goes to enter a shopping mall. The sign says "No Weapons Allowed" Is he carrying a weapon or simply a firearm that has the ability to be a weapon? If he has a pocket knife, is it a weapon? If he is returing a baseball bat, is it a weapon? :yakyak:
I am thankful that this forum gives us the opportunity to discuss such topic without getting personal or throwing barbs at each other.
John
Patriot
