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Fake guns = deadly threat

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
Guns have noses?

18.2531 refers to "any pistol, shotgun, rifle" while 18.2-282 refers to " any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not". Apparently the thought (apprehension) of a gun is badderer than using a real gun.

BTW - Virginia does not have a law against removing/covering the marking at the end of the barrel (or is it "nose"?) of toy/ imitation firearms. How can we properly [strike]persecute[/strike] prosecute these criminals if there is a loophole?

stay safe.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Guns have noses?

18.2531 refers to "any pistol, shotgun, rifle" while 18.2-282 refers to " any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not". Apparently the thought (apprehension) of a gun is badderer than using a real gun.

BTW - Virginia does not have a law against removing/covering the marking at the end of the barrel (or is it "nose"?) of toy/ imitation firearms. How can we properly [strike]persecute[/strike] prosecute these criminals if there is a loophole?

stay safe.
Not "more equal", but equaler to. :)

The apprehension and necessary elemements remain the same whether real or unreal.
 

GHF

Regular Member
Joined
Nov 19, 2010
Messages
24
Location
Orlando, Florida
If It Looks Like a Duck

There is a legal principal regarding firearms in the commission of criminal acts that goes like this:

If it looks like a duck, it's a duck.

These robber wannabees who used fakes would be prosecuted as if they were the Real McCoy. If they meet their demise using this faux gun, it would not matter that it was a fake. Termination by LEO or civilian is just as justified as if it was brand new real lookalike that day coming out of the FFL.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
There is a legal principal regarding firearms in the commission of criminal acts that goes like this:

If it looks like a duck, it's a duck.

These robber wannabees who used fakes would be prosecuted as if they were the Real McCoy. If they meet their demise using this faux gun, it would not matter that it was a fake. Termination by LEO or civilian is just as justified as if it was brand new real lookalike that day coming out of the FFL.

And the case law (from Virginia, of course) that backs that up is ....?

18.2-253.1 does not deal with imitation or look-like or faux or toy or make-believe. 18.2-282 does. But it may well be that in Florida the distinction between the two does not matter.

The point was to show that precise distinction. BTW - in Virginia robbery is not found in the criminal code, but comes from Common Law. Thus, we here are controlled by case law - which is not all that consistent in agreeing with your assertions. http://www.virginiarules.com/virginia-rules/crimes-against-persons

stay safe.
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
And the case law (from Virginia, of course) that backs that up is ....?

18.2-253.1 does not deal with imitation or look-like or faux or toy or make-believe. 18.2-282 does. But it may well be that in Florida the distinction between the two does not matter.

The point was to show that precise distinction. BTW - in Virginia robbery is not found in the criminal code, but comes from Common Law. Thus, we here are controlled by case law - which is not all that consistent in agreeing with your assertions. http://www.virginiarules.com/virginia-rules/crimes-against-persons

stay safe.

Interesting subject Skid. 55 or so years ago my father took a murder case where a man pointed a blank pistol at the wrong man, and was killed. Sure enough the Commonwealth didn't agree that it looked like a real gun and was therefor self defense. The old man did win the case but it was because of other evidence in conjunction with the blank pistol.....That was a major factor in his decision to not specialize in criminal law I think.
 
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