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Legal Definitions - per se deadly weapon
Definition of per se deadly weapon
A per se deadly weapon refers to an object that is inherently, by its very nature and design, considered capable of causing death or serious bodily injury. The term "per se" means "by itself" or "inherently." This means that the object's classification as a deadly weapon does not depend on how it was used in a particular situation, but rather on its fundamental design and intended purpose. Such items are always considered dangerous due to their intrinsic characteristics.
Here are some examples illustrating this concept:
A loaded firearm: A handgun or rifle, especially when loaded, is designed specifically to discharge projectiles with lethal force. Its primary purpose is to inflict harm, making it a per se deadly weapon. The law recognizes its inherent danger regardless of whether it has been fired or merely displayed during an incident.
Explanation: The firearm's design and function are intrinsically linked to causing serious injury or death. It doesn't become a deadly weapon only when fired; it is one by its very nature.
A military-grade combat knife: A knife specifically manufactured with a sharpened blade and pointed tip for use in combat or for inflicting severe injury is considered a per se deadly weapon. Its design prioritizes penetration and cutting effectiveness.
Explanation: The combat knife's construction and intended use are clearly for inflicting harm. It is not designed for everyday utility but for combat, making it inherently dangerous and thus a per se deadly weapon.
An improvised explosive device (IED) like a pipe bomb: An object constructed to detonate and cause widespread destruction, injury, or death, such as a pipe bomb, is a per se deadly weapon. Its entire design and assembly are geared towards creating a dangerous explosion.
Explanation: The sole purpose of a pipe bomb is to explode and cause harm. Its very existence and design classify it as a per se deadly weapon, irrespective of whether it has been detonated or merely discovered.
Simple Definition
A per se deadly weapon is an object that is inherently, by its very nature, considered capable of causing death or serious bodily injury. The law automatically classifies such items as dangerous, meaning their potential to harm does not require additional proof in court.