Posted: 3/15/2014 8:06:43 PM EDT
| Gents, I searched 265 to see if something like a Surefire pen or Surefire Defender (strike bezel flashlight) would be good to go. Someone told me these and ASPs were a no go, but I don't see them mentioned in 265 now. Was this removed with the SAFE ACT revision or referenced elsewhere in the laws? Any help is appreciated! |
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CPW, though specific to saps, asps, knives and guns, etc. is more often charged as a result of use. A Sgt. I worked with was charged with assault and cpw for tackling a dude. The weapon "possessed" was the SIDEWALK where they both fell.
Never heard how that case turned out. It would NEVER have crossed my mind to charge an individual for a pen or flashlight, but that doesn't mean that some whacked out DA, or even another cop wouldn't. If said pen or flashlight winds up (without consent) in someone's rectum, then cpw will most likely be charged if you're silly enough to hang around and get arrested. |
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If you hit someone with a rock the rock is the dangerous instrument. I'd suspect the same would be done if you criminally use your pen or device and injure or assault someone. It's not about a nutty DA. The test is usually whether the device can cause physical injury. Or is it readily capable of causing death or serious physical injury.
Similarly, the steak knife in your drawer is a steak knife until it is used to stab someone. Then it's a dangerous knife and you're charged with CPW4. With regards to the LEO Sgt mentioned above, an LEO instructor I work with mentioned something similar in a case(that he does use in teaching police recruits) where someone's head was mashed into a curb and the curb was deemed a dangerous instrument. I wouldn't think that would be good for a CPW charge unless one carries a curb around with them. It does elevate the degree of assault due to the incurred injuries or increased risk of injury. |
| I understand that almost anything can be a deadly weapon, my question was more on the side of whether one can possess an ASP or similar baton etc. etc. Since a flashlight with a strike benzel is intended to be used in a similar fashion along with a Surefire type pen I would think they could be in the same category. Basically I was wondering if they are legal to own. Any link to the law is appreciated as I did not find any definition to them in 265 or referenced by name as an illegal item. |
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I have not researched the case law, but I suspect an ASP is illegal as it is a "billy" or "bludgeon." 265.01 (1) the other stuff you are talking about would theoretically require proof of intent 265.01 (2) or any other dangerous or deadly instrument or weapon |
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Quoted: What does a strike bezel offer over a standard bezel for self defense purposes other than potentially cutting someone?  Someone knocked at the door late at night and student answered the door with the flashlight in his hand. The man knocking immediately tried to charge into the house and the student struck him in the face with a sort of hammer fist holding the light. Tore the guys cheek off in a large strip that hung down  The robber stopped in shock, the student said something like "Holy shit!", the robber reached up, felt the huge piece of loose skin and muscle dangling off his face and said 'ARRRRRRRRRRRRGH!!!" before turning around and running away
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Quoted:
I have not researched the case law, but I suspect an ASP is illegal as it is a "billy" or "bludgeon." 265.01 (1) the other stuff you are talking about would theoretically require proof of intent 265.01 (2) or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another Unless the device is specifically mentioned by name I think this covers it. You would have a hard time convincing a judge that an ASP isn't a billy club by another name, but a pen or flashlight bezel isn't mentioned at all. Remember, this is NY, you're gonna get charged for something.
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Quoted:
If you hit someone with a rock the rock is the dangerous instrument. I'd suspect the same would be done if you criminally use your pen or device and injure or assault someone. Quoted:
If you hit someone with a rock the rock is the dangerous instrument. I'd suspect the same would be done if you criminally use your pen or device and injure or assault someone. You are correct. Quoted:
I understand that almost anything can be a deadly weapon, my question was more on the side of whether one can possess an ASP or similar baton etc. etc. ASP gets you charged with CPW 4th around here and in NYC. |