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DEADLY WEAPON
A "deadly weapon" is
defined by statute as any weapon, whether loaded or unloaded, from which
a shot may be discharged, or a switchblade knife, gravity knife, billy,
blackjack, bludgeon, or metal knuckles.
If the weapon is a
firearm, it may be unloaded, but it must be in such condition that a
shot may be discharged from it. Thus, if the weapon is loaded but out
of working order, it is not a deadly weapon. If the weapon is unloaded
but in working order, it is a deadly weapon.
Source:
General Statutes § 53a-3 (6) (applies to Penal Code).
Commentary:
The statutory definition explicitly excludes its application to either §
29-38 or § 53-206.
"Although both deadly
weapons and firearms are designed for violence and are capable of
inflicting death or serious bodily injury, firearms are limited to the
most dangerous weapons and deadly weapons include a broader class."
State v. Hardy, 278 Conn. 113, 132 (2006) (finding that an air
pistol was a deadly weapon within the meaning of § 53a-3 (6)).
The phrase "from
which a shot may be discharged" in the definition of "firearm" has been
interpreted as requiring that the firearm is operable. State v.
Belanger, 55 Conn. App. 2, 7, cert. denied, 251 Conn. 921, cert.
denied, 530 U.S. 1205, 120 S.Ct. 2200, 147 L.Ed.2d 235 (1999).
Glossary
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