Criminal possession of a weapon
Weapon possession refers to a class of crime regarding the unlawful possession of a harmful implement by a non-military individual within an established society. Many societies both past and present have placed restrictions on what forms of weapondry private citizens and to a lesser extent police, are allowed to purchase, own, and carry. Such crimes are public order crimes and are considered mala prohibita, in that the possession of a weapon in and of itself is not evil. Rather, the potential for use in acts of unlawful violence creates a possible need to control them. Some restrictions are strict liability, whereas others require some element of intent to use the weapon for an illegal purpose. Some regulations allow a citizen to obtain a permit or other authorization to possess the weapon under certain circumstances. Lawful uses of weapons commonly include hunting, sport, collection and self-preservation.
Criminal possession of a weapon generally falls into one of several categories:
- Mere possession - The strictest of standards, some weapons are prohibited from any form of private ownership at all, even if kept in one's dwelling under secure conditions (such as a safe).
- Carry on or about the person - usually concerning a person out in a public place or otherwise away from their home.
- Carry of a concealed weapon - like above, but the weapon is somehow hidden from view of those around the offender, but typically is still readily accessible to that person.
- Carry in plain sight - the opposite of concealed carry, some juridictions make it a crime to possession certain weapons in plain sight of others. The reasoning is often to obviate intimidation or menacing, to create a friendlier-looking population by removing visual symbols of violence, or to spite/control a segment of the population known for the carry of certain weapons (such as the samurai caste during the Meiji era)