Legal Definitions - deadly weapon per se

A deadly weapon per se refers to an object that is inherently and by its very nature considered a deadly weapon under the law. This means the object's primary design and common use are such that it is always capable of causing death or serious bodily injury, regardless of how it was actually used or intended to be used in a particular incident. Its dangerousness is self-evident, and no additional proof is needed to establish its potential to inflict severe harm.

Here are some examples illustrating this concept:

• Example 1: A loaded firearm
  Imagine a person is found in possession of a loaded handgun. Even if they never fired it or threatened anyone with it, the handgun itself is considered a deadly weapon per se.

  Explanation: A handgun is designed specifically to propel projectiles at high velocity, making it inherently capable of causing death or severe injury. Its primary purpose is often to inflict harm or be used in combat/hunting, and its dangerous nature is universally recognized. The law does not require proof that it was used in a harmful way; its mere existence and functionality as a firearm classify it as a deadly weapon.

• Example 2: A military-grade combat knife
  Consider a situation where someone is apprehended carrying a combat knife with a long, sharpened blade and a pointed tip. Even if the knife was still sheathed and never drawn, it would likely be classified as a deadly weapon per se.

  Explanation: This type of knife is manufactured for piercing and cutting in a way that can easily cause fatal or serious wounds. Unlike a common utility knife, its design is specifically optimized for combat or survival scenarios where inflicting harm is a primary or potential use. Its inherent design and purpose make it dangerous by its very nature.

• Example 3: An improvised explosive device (IED)
  If law enforcement discovers a device constructed with explosives and a detonator, it is immediately recognized as a deadly weapon per se, regardless of whether it was armed or deployed.

  Explanation: An IED, or any device constructed with the intent to detonate and cause a blast, fragmentation, or incendiary effect, is inherently a deadly weapon. Its sole purpose is to create a destructive force capable of killing or severely injuring multiple individuals. Its design and intended function leave no doubt about its capacity for harm.