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Quick question...
theshiz
What exactly does "criminal use of a prohibited weapon" mean or consist of????? I have been trying to find a definition but the only thing I can find deals with explosives, and nothing for the reason why I'm wondering... Please help!! Thank you!
 
Juan Reyes
Criminal use of prohibited weapons.

(a) A person commits the offense of criminal use of prohibited weapons if, except as authorized by law, he or she uses, possesses, makes, repairs, sells, or otherwise deals in any:

(1) Bomb;
(2) Machine gun;
(3) Sawed-off shotgun or rifle;
(4) Firearm specially made or specially adapted for silent discharge;
(5) Metal knuckles; or
(6) Other implement for the infliction of serious physical injury or death.

(B It is a defense to prosecution under this section that:
(1) The defendant was a law enforcement officer, prison guard, or member of the armed forces acting in the course and scope of his or her duty at the time he or she used or possessed the prohibited weapon; or
(2) The defendant used, possessed, made, repaired, sold, or otherwise dealt in any article enumerated in subsection (a) of this section under circumstances negating any likelihood that the weapon could be used as a weapon.

(c) (1) Criminal use of prohibited weapons is a Class B felony if the weapon is a bomb, machine gun, or firearm specially made or specially adapted for silent discharge.

(2) Otherwise, criminal use of prohibited weapons is a Class D felony.
History. Acts 1975, No. 280, 3104; A.S.A. 1947, 41-3104; Acts 1993, No. 1189, 7; 2005, No. 1994, 438.
Edited by Juan Reyes on August 20 2008 14:26
AKA: McGruff
 
www.jclreyes.homelinux.com
Juan Reyes
Normally, criminal use of a prohibited weapon is charged when the suspect uses a weapon (firearm, club, knife) during the commission of another crime. Of course, as the statute reads simple possession of the restricted item specifically listed will cause your arrest as well (normally seen in this area as sawed off shotguns or sawed off rifles).

Hope this helps.
Det. Juan Reyes
Union County Sheriff's Office
Edited by Juan Reyes on August 20 2008 14:36
AKA: McGruff
 
www.jclreyes.homelinux.com
theshiz
thank you, one more question.. is it considered a class B or D felony if it is simple posession of a sawed off shotgun????
 
theshiz
Also, what are the general sentences for these types of felonies? On a different question, when an inmate is transferred to a state prison are they allowed to take letters and pictures they received in the county jail with them? If not, what are they supposed to do with them?? Thank you for all of your help, sorry for so many questions...
 
Juan Reyes
Possession of a sawed off shotgun under this section would be a class D Felony. The possible penalties for a class D Felony are 1-5 years in the Arkansas Department of Corrections and/or a fine up to $10,000.00
I cannot tell you what the general sentence would be as each case/person/Judge/history is different.
Generally the inmate can carry some items from Jail to the Penitentiary. Items that they are not able to take with them, i think, are generally mailed to whoever they want or are discarded.
AKA: McGruff
 
www.jclreyes.homelinux.com
theshiz
Ok, thank you so much for your help. I really appreciate it!!
 
theshiz
Can this be charged if the prohibitted weapon is not actually found on the their persons? Can this be charged if the weapon was simply in the persons place of residence?
 
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