Concealing stun gun?

[eyesopened]

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I found this news story:

http://www.insidenova.com/isn/news/crime/article/police_briefs_for_nov._22/25086/

Man charged with concealing stun gun

An Alexandria man was charged with pubic intoxication and possession of a concealed weapon.

Police were called to investigate a fight in the 12400 block of Dillingham Square in Lake Ridge on Nov. 13 around 10:40 p.m., Officer Erika Hernandez, Prince William police spokeswoman said.

William Addison Clark III, 30, of 5800 Quantrell Ave. in Alexandria, was charged after police found a stun gun on him. He was held on a $5,000 bond and has a court date of Dec. 1.

I didn't know that concealing a stun gun was illegal. Anyone have a cite for it? I know of this cite about concealing weapons (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308), but it doesn't mention a stun gun.

I found this cite:

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.2but that talks about convicted felons. What about citizens that want to carry a stun gun for self protection?

 

[John Pierce]

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I do not believe the charge is valid unless he meets the requirements laid out in 18.2-308.2 which would include having a particular juvenile history.

Having said that, if this person does not have counsel or has a public defender, the Commonwealth can graciously offer to "reduce" the charge in exchange for a guilty plea.

There are two lesson here. 1) Stop drinking and doing drugs! and 2) Always hire the best attorney you possibly can.



eyesopened wrote:

I found this news story:

http://www.insidenova.com/isn/news/crime/article/police_briefs_for_nov._22/25086/

Man charged with concealing stun gun

An Alexandria man was charged with pubic intoxication and possession of a concealed weapon.

Police were called to investigate a fight in the 12400 block of Dillingham Square in Lake Ridge on Nov. 13 around 10:40 p.m., Officer Erika Hernandez, Prince William police spokeswoman said.

William Addison Clark III, 30, of 5800 Quantrell Ave. in Alexandria, was charged after police found a stun gun on him. He was held on a $5,000 bond and has a court date of Dec. 1.

I didn't know that concealing a stun gun was illegal. Anyone have a cite for it? I know of this cite about concealing weapons (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308), but it doesn't mention a stun gun.

I found this cite:

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.2but that talks about convicted felons. What about citizens that want to carry a stun gun for self protection?

 

[rod]

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§ 18.2-308.2. Possession or transportation of firearms, stun weapons, tasers or concealed weapons by convicted felons; penalties…
A. It shall be unlawful for (i) any person who has been convicted of a felony or (ii) any person under the age of 29 who was found guilty as a juvenile 14 years of age or older at the time of the offense of a delinquent act which would be a felony if committed by an adult, whether such conviction or adjudication occurred under the laws of this Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof, to knowingly and intentionally possess or transport any firearm or stun weapon or taser as defined by § 18.2-308.1 or to knowingly and intentionally carry about his person, hidden from common observation, any weapon described in subsection A of § 18.2-308. However, such person may possess in his residence or the curtilage thereof a stun weapon or taser as defined by § 18.2-308.1. Any person who violates this section shall be guilty of a Class 6 felony. However, any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of a violent felony as defined in § 17.1-805 shall not be eligible for probation, and shall be sentenced to a minimum, mandatory term of imprisonment of five years. Any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of any other felony shall not be eligible for probation, and shall be sentenced to a minimum, mandatory term of imprisonment of two years. The minimum, mandatory terms of imprisonment prescribed for violations of this section shall not be suspended in whole or in part and shall be served consecutively with any other sentence. Any firearm, stun weapon or taser as defined by § 18.2-308.1, or any concealed weapon possessed, transported or carried in violation of this section shall be forfeited to the Commonwealth and disposed of as provided in § 18.2-310.
C. Any person prohibited from possessing, transporting or carrying a firearm, stun weapon or taser under subsection A, may petition the circuit court of the jurisdiction in which he resides for a permit to possess or carry a firearm, stun weapon or taser…



Looks like you can CC a stun gun as long as you don't have any felonies (for the most part).

 

[TFred]

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So I guess this means that either the charge is bogus, or the guy has a prior felony record.

I'm no lawyer, but isn't each criminal case supposed to be tried without regard to previous crimes? It would seem that if a person is charged with the crime of concealing a stun weapon, it would imply that the jury is aware of prior felony convictions.

And yes, I'm just blabbing... Feel free to tell me where I'm wrong.

TFred