Arkansas Code Title 5 – Chapter 73 Weapons (Generally) 5-73-101. Definitions
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Penal Code Offenses by Punishment Range Office of the Attorney General 2
PENAL CODE BYOFFENSES PUNISHMENT RANGE Including Updates From the 85th Legislative Session REV 3/18 Table of Contents PUNISHMENT BY OFFENSE CLASSIFICATION ........................................................................... 2 PENALTIES FOR REPEAT AND HABITUAL OFFENDERS .......................................................... 4 EXCEPTIONAL SENTENCES ................................................................................................... 7 CLASSIFICATION OF TITLE 4 ................................................................................................. 8 INCHOATE OFFENSES ........................................................................................................... 8 CLASSIFICATION OF TITLE 5 ............................................................................................... 11 OFFENSES AGAINST THE PERSON ....................................................................................... 11 CLASSIFICATION OF TITLE 6 ............................................................................................... 18 OFFENSES AGAINST THE FAMILY ......................................................................................... 18 CLASSIFICATION OF TITLE 7 ............................................................................................... 20 OFFENSES AGAINST PROPERTY .......................................................................................... 20 CLASSIFICATION OF TITLE 8 .............................................................................................. -
Initial-Statement-Reasons-11-17.Pdf
INITIAL STATEMENT OF REASONS PROBLEM STATEMENT Penal Code (PC) section 30515 specifies characteristics that identify a firearm as an assault weapon. Section 5471 of title 11, division 5, California Code of Regulations (CCR) further defines terms used in PC section 30515 to describe those characteristics, for the purpose of the requirement to register with the Department of Justice (DOJ) a new class of assault weapons by stating assault weapons that do not have a fixed magazine, as defined in PC section 30515, including those weapons with an ammunition feeding device that can be readily removed from the firearm with the use of a tool, as provided in PC section 30900(b)(1). Section 5471 defines forty-four terms used in the identification of assault weapons pursuant to PC section 30515 or otherwise used in the section 5471 definitions themselves. Aside from the registration definitions set forth in section 5471, there currently are no definitions of the terms used in PC section 30515 to identify a firearm as an assault weapon. BENEFITS The proposed regulation will apply the definitions of terms in CCR section 5471 to the identification of assault weapons pursuant to PC section 30515, without limitation to context of the new registration process. This regulation will provide detailed, concrete information regarding firearms that constitute assault weapons. The proposed regulation will promote efficiency within the DOJ, as well as provide uniform guidance to the public, the judiciary, district attorney’s offices, and law enforcement agencies throughout California. PURPOSE AND NECESSITY PC section 30515 contains specific characteristic definitions of assault weapons. -
Why Washingtonâ•Žs Deadly Weapon Criminal Sentencing Enhancement
COMMENTS Dead Wrong: Why Washington’s Deadly Weapon Criminal Sentencing Enhancement Needs “Enhancement” James Harlan Corning* “Let it be said that I am right rather than consistent.”1 – Justice John Marshall Harlan I. INTRODUCTION The early 1990s saw a sharp increase in gun violence directed to- ward Washington’s law enforcement community.2 In the summer of 1994, the Puget Sound region was stunned by three separate, unrelated acts of violence against police officers and their families. On June 4th of that year, Seattle Police Detective Antonio Terry was gunned down on * J.D. Candidate, Seattle University School of Law, 2012; B.A., Social Sciences, University of Washington. I am profoundly grateful to Professor Laurel Oates, who inspired this Comment through a fascinating legal-writing assignment in my first semester of law school and who has con- stantly encouraged, mentored, and advised me during my law school journey. I am deeply indebted to the staff of the Seattle University Law Review for their support; in particular, I thank Mike Costel- lo, Joan Miller, Jacob Stender, Kyle Trethewey, and many others for giving so much time and effort to this piece. Lastly, I thank my incredible family and friends—and especially my wonderful fiancé, Eric Wolf—for their unwavering love, support, encouragement, and patience in all things. 1. Quoted in TINSLEY E. YARBROUGH, JUDICIAL ENIGMA: THE FIRST JUSTICE HARLAN 77 (1995). 2. Ignacio Lobos, Deputy’s Death Another Reminder of Dangers of Law Enforcement Jobs, SEATTLE TIMES, Aug. 17, 1994, http://community.seattletimes.nwsource.com/archive/?date=1994 0817&slug=1925831. -
California State Laws
State Laws and Published Ordinances - California Current through all 372 Chapters of the 2020 Regular Session. Attorney General's Office Los Angeles Field Division California Department of Justice 550 North Brand Blvd, Suite 800 Attention: Public Inquiry Unit Glendale, CA 91203 Post Office Box 944255 Voice: (818) 265-2500 Sacramento, CA 94244-2550 https://www.atf.gov/los-angeles- Voice: (916) 210-6276 field-division https://oag.ca.gov/ San Francisco Field Division 5601 Arnold Road, Suite 400 Dublin, CA 94568 Voice: (925) 557-2800 https://www.atf.gov/san-francisco- field-division Table of Contents California Penal Code Part 1 – Of Crimes and Punishments Title 15 – Miscellaneous Crimes Chapter 1 – Schools Section 626.9. Possession of firearm in school zone or on grounds of public or private university or college; Exceptions. Section 626.91. Possession of ammunition on school grounds. Section 626.92. Application of Section 626.9. Part 6 – Control of Deadly Weapons Title 1 – Preliminary Provisions Division 2 – Definitions Section 16100. ".50 BMG cartridge". Section 16110. ".50 BMG rifle". Section 16150. "Ammunition". [Effective until July 1, 2020; Repealed effective July 1, 2020] Section 16150. “Ammunition”. [Operative July 1, 2020] Section 16151. “Ammunition vendor”. Section 16170. "Antique firearm". Section 16180. "Antique rifle". Section 16190. "Application to purchase". Section 16200. "Assault weapon". Section 16300. "Bona fide evidence of identity"; "Bona fide evidence of majority and identity'. Section 16330. "Cane gun". Section 16350. "Capacity to accept more than 10 rounds". Section 16400. “Clear evidence of the person’s identity and age” Section 16410. “Consultant-evaluator” Section 16430. "Deadly weapon". Section 16440. -
Ala. Code1975, § 13A-10-193.2 Unlawful Manufacture of Destructive Device Or Bacteriological Or Biological Weapon in the First
Ala. Code1975, § 13A-10-193.2 Unlawful Manufacture of Destructive Device or Bacteriological or Biological Weapon in the First Degree (Manufactures destructive device or bacteriological or biological weapon) The defendant is charged with unlawful manufacture of a destructive device or bacteriological or biological weapon in the first degree. A person commits the crime of unlawful manufacture of a destructive device or bacteriological or biological weapon in the first degree if he/she manufactures a destructive device or bacteriological or biological weapon and two or more of the following conditions occur in conjunction with that act: [Read as appropriate]: a. Use of a booby trap or manufacture of a booby trap; b. Illegal possession, transportation, or disposal of hazardous or dangerous materials or while transporting or causing to be transported materials in furtherance of a clandestine laboratory operation, there was created a substantial risk to human health or safety or a danger to the environment; c. A clandestine laboratory operation was to take place, or did take place, within 500 feet of a residence, place of business, church, or school; d. A clandestine laboratory operation actually produced any amount of a specified destructive device or bacteriological or biological weapon; (AND/OR) e. A person under the age of 17 was present during the manufacturing process. To convict, the State must prove beyond a reasonable doubt each of the following elements: (1) The Defendant manufactured a: [Read as appropriate]: (a) Destructive device; (b) Bacteriological weapon; [OR] (c) Biological weapon; [insert description of item]; (2) Two or more of the following conditions occur in conjunction with that act: [Read as appropriate]: a. -
State of Nebraska, Appellee, V. Natavian Q. Morton, Appellant. ___ N.W.2D ___ Filed March 23, 2021
Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 10/01/2021 08:06 PM CDT - 624 - Nebraska Court of Appeals Advance Sheets 29 Nebraska Appellate Reports STATE v. MORTON Cite as 29 Neb. App. 624 State of Nebraska, appellee, v. Natavian Q. Morton, appellant. ___ N.W.2d ___ Filed March 23, 2021. No. A-19-1168. 1. Pleas: Appeal and Error. A trial court is afforded discretion in deciding whether to accept guilty pleas, and an appellate court will reverse the trial court’s determination only in the case of an abuse of discretion. 2. Judges: Words and Phrases. A judicial abuse of discretion exists when the reasons or rulings of a trial judge are clearly untenable, unfairly depriving a litigant of a substantial right and denying just results in mat- ters submitted for disposition. 3. Sentences: Appeal and Error. An appellate court will not disturb a sen- tence imposed within the statutory limits absent an abuse of discretion by the trial court. 4. Effectiveness of Counsel: Appeal and Error. Whether a claim of inef- fective assistance of trial counsel may be determined on direct appeal is a question of law. 5. ____: ____. In reviewing claims of ineffective assistance of counsel on direct appeal, an appellate court decides only whether the undisputed facts contained within the record are sufficient to conclusively deter- mine whether counsel did or did not provide effective assistance and whether the defendant was or was not prejudiced by counsel’s alleged deficient performance. 6. Convictions: Weapons: Intent. Under Neb. Rev. Stat. -
United States Court of Appeals for the Ninth Circuit
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-50536 Plaintiff-Appellee, D.C. No. v. 3:10-cr-04083- WQH-1 YOAHJAN LARA FLORES, Defendant-Appellant. UNITED STATES OF AMERICA, No. 11-50539 Plaintiff-Appellee, D.C. No. v. 3:10-cr-04083- WQH-3 ALFREDO RUBIO LARA, Defendant-Appellant. UNITED STATES OF AMERICA, No. 11-50555 Plaintiff-Appellee, D.C. No. v. 3:10-cr-04083- WQH-2 ARTURO LARA, Defendant-Appellant. OPINION 2 UNITED STATES V. FLORES Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding Argued and Submitted March 7, 2013—Pasadena, California Filed August 30, 2013 Before: Richard A. Paez and Paul J. Watford, Circuit Judges, and Leslie E. Kobayashi, District Judge.* Opinion by Judge Paez SUMMARY** Criminal Law Vacating sentences and remanding for resentencing for conspiracy to possess an unregistered firearm, the panel held that the definition of a missile under 26 U.S.C. § 5845(f) and U.S.S.G. § 2K2.1(b)(3)(A) is a self-propelled device designed to deliver an explosive. The panel concluded that because the 40-mm cartridges in this case do not qualify as missiles, the district court erred * The Honorable Leslie E. Kobayashi, District Judge for the U.S. District Court for the District of Hawaii, sitting by designation. ** This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. UNITED STATES V. -
Biological Weapons and “Bioterrorism” in the First Years of the 21St Century
ALERT: A previously posted version of this paper (dated April 16, 2002) was a draft that was NOT intended for distribution. If you downloaded this earlier version, please destroy your copy and refer to the revised version (updated April 3, 2003) given below. Biological Weapons and “Bioterrorism” in the First Years of the 21st Century Milton Leitenberg Center for International and Security Studies School of Public Affairs University of Maryland Paper prepared for Conference on “The Possible Use of Biological Weapons by Terrorists Groups: Scientific, Legal, and International Implications [ICGEB, Landau Network, Ministry of Foreign Affairs, Italy] Rome, Italy April 16, 2002 Paper updated to April 3, 2003 Contents Page Introduction 1 Part I: The US Destruction of the Verification Protocol to the Biological Weapons Convention: July and November/ December 2001 2 Part II: September 11, 2001: The First Success in Mass Casualty Terrorism 21 Part III: Al Queda and Biological Agents or Weapons 26 Part IV: The Anthrax Events in the United States in the Fall of 2001 37 Part V: The Question of Offensive/Defensive Distinctions in Biological Weapons Research, and the Potential Stimulus to BW Proliferation By Expanded Research Programs 48 References and Notes 91 Biological Weapons and "Bioterrorism" in the First Years of the 21st Century INTRODUCTION In a sequence of recent papers I have reviewed the experience of biological weapons in the twentieth century,1 and presented an analysis of the degree of threat posed by these weapons in the period 1995 to 2000, in distinction to the portrayal of that threat, most particularly in the United States.2 The present paper describes the events of the last few years, which will determine much of what will occur in the near future. -
The Relevance of a Defendant's Subjective Intent in Defining a “Destructive Device” Under the National Firearms Act
Fordham Law Review Volume 79 Issue 2 Article 6 November 2011 Just a Soul Whose Intentions Are Good? The Relevance of a Defendant's Subjective Intent in Defining a “Destructive Device” Under the National Firearms Act Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Just a Soul Whose Intentions Are Good? The Relevance of a Defendant's Subjective Intent in Defining a “Destructive Device” Under the National Firearms Act, 79 Fordham L. Rev. 563 (2011). Available at: https://ir.lawnet.fordham.edu/flr/vol79/iss2/6 This Note is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. JUST A SOUL WHOSE INTENTIONS ARE GOOD? THE RELEVANCE OF A DEFENDANT’S SUBJECTIVE INTENT IN DEFINING A “DESTRUCTIVE DEVICE” UNDER THE NATIONAL FIREARMS ACT Elliot Buckman* This Note addresses the three-way circuit split among the U.S. Courts of Appeals over when, and to what extent, a court may consider a defendant’s subjective intent in defining a “destructive device” under the National Firearms Act. The circuit split centers on the Act’s ambiguous reference to intent in its definition of a destructive device, which is a statutorily prohibited firearm. After discussing the Act’s legislative history and development, this Note considers the role of mens rea in National Firearms Act cases. -
Smoking Guns How European Arms Exports Are Forcing Millions from Their Homes Envelopesubscribe to Our Newsletter
BORDER WARS BRIEFING — July 2021 smoking guns How European arms exports are forcing millions from their homes envelopeSubscribe to our newsletter: www.tni.org/en/subscribe or scan the QR code: AUTHORS: Apostolis Fotiadis, Niamh Ní Bhriain OSINT INVESTIGATOR: Leone Hadavi EDITOR: Deborah Eade DESIGN: Evan Clayburg Published by Transnational Institute Amsterdam, July 2021 ACKNOWLEDGEMENTS: Ghiwane Boumediene, Josephine Valeske, Mark Akkerman, and Nick Buxton. Contents of the report may be quoted or reproduced for non-commercial purposes, provided that the source of information is properly cited. TNI would appreciate receiving a copy or link of the text in which this document is used or cited. Please note that for some images the copyright may lie elsewhere and copyright conditions of those images should be based on the copyright terms of the original source. http://www.tni.org/copyright CONTENTS Key Findings ....................................................................................................1 Introduction ...................................................................................................3 The nexus between the arms trade and forced displacement ................5 – The arms trade 5 – The militarisation of European policies 6 – Monitoring arms exports 7 – Forced displacement 8 – The nexus between the arms trade and forced displacement 10 – What does the jurisprudence say about arms exports and human rights violations? 11 Joining the Dots – The empirical approach used for this research ........13 Case-studies -
Quick Reference to Federal Firearms Laws
QUICK REFERENCE TO FEDERAL FIREARMS LAWS I. POSSESSION OF A FIREARM OR AMMUNITION BY A PROHIBITED PERSON: 18 USC § 922(g) & (n). Punishable by up to 10 years imprisonment. May receive minimum sentence of 15 years without parole if offender has three or more prior convictions for a felony crime of violence (e.g. burglary, robbery, assault, possession of offensive weapons) and/or drug trafficking felony. Elements A. Possession or receipt of a firearm or ammunition; B. By a subject who falls within one of the following categories: Felon - (Additionally, persons awaiting trial on felony charges are prohibited from receiving firearms.); Drug user or addict - (Often shown where paraphernalia seized, subject tests positive for drugs and/or subject claims drugs were possessed for personal use.); Alien - (Includes illegal aliens and aliens lawfully admitted under non-immigrant visas, i.e., those aliens not admitted for permanent residence. This provision does not prohibit aliens who lawfully possess a so-called “green card” from possessing guns or ammunition.); Is subject to a domestic restraining order - (The order must prohibit contact with an intimate partner, or child of the subject, and must have been issued only after a hearing of which the subject was notified and at which the subject had an opportunity to participate. The order must also find the subject poses a threat to the physical safety of the intimate partner or child or must prohibit the use, threatened use or attempted use of physical force.); Has a prior conviction for domestic assault - (Includes a prior conviction for any assault or threatened use of a deadly weapon against a present or former spouse or partner or child or guardian of any such person. -
African, Oceanic and Pre-Columbian
PRE-COLUMBIAN ART May 23, 2017 Tuesday Los Angeles AFRICAN, OCEANIC AND AFRICAN, OCEANIC AND PRE-COLUMBIAN ART | Los Angeles, Tuesday May 23, 2017 24303 AFRICAN, OCEANIC AND PRE-COLUMBIAN ART Tuesday May 23, 2017 at 1pm Los Angeles BONHAMS BIDS INQUIRIES ILLUSTRATIONS 7601 W. Sunset Boulevard +1 (323) 850 7500 Fredric Backlar Front cover: Lot 119 Los Angeles, California 90046 +1 (323) 850 6090 fax Consulting Specialist Back cover: Lot 77 bonhams.com +1 (323) 436-5416 Session 1: Lot 26 To bid via the internet please visit [email protected] Session 2: Lot 95 PREVIEW www.bonhams.com/24303 Session 3: Lot 157 New York Cassandra D’Cruz (Selected Highlights) Please note that telephone bids Business Administrator Bonhams must be submitted no later than +1 (323) 436-5434 580 Madison Ave. 4pm on the day prior to the auction. [email protected] New York, New York 10022 New bidders must also provide Thursday, May 11, 10am-5pm proof of identity and address when Automated Results Service Friday, May 12, 10am-5pm submitting bids. Please contact +1 (800) 223 2854 Saturday, May 13, 12pm-5pm client services with any bidding Sunday, May 14, 12pm-5pm inquiries. Los Angeles Please see pages 164 to 166 7601 W. Sunset Boulevard for bidder information including Los Angeles, California 90046 Conditions of Sale, after-sale Saturday, May 20, 12pm-5pm collection, and shipment. Sunday, May 21, 12pm-5pm Monday, May 22, 10am-5pm SALE NUMBER: 24303 Lots 1 - 157 CATALOG: $35 Bonhams 220 San Bruno Avenue San Francisco, California 94103 © 2016, Bonhams & Butterfields Auctioneers Corp.; All rights reserved.