Simply carrying a metal pipe was not illegal possession of a weapon

March 26, 2014

Simply carrying a metal pipe was not illegal possession of a weapon

Article provided by Bruce Yerman, Attorney at Law
Visit us at http://www.criminal-defense-law-nyc.com

New York laws are tough on those who illegally possess guns. However, a firearm is not the only way you could find yourself facing severe weapons charges. Many other weapons are illegal, including items such as electronic stun guns, gravity knives, metal knuckles and more.

You might suspect that a knife could be considered a weapon. But what if you simply had a metal pipe in your hand, with no intent to harm anyone? The City of New York Criminal Court considered a case in which two men simply carrying metal pipes found themselves charged with possession of a weapon.

Two men . . . and two metal pipes

In the case of People v. Jin Lu, an officer observed the defendants carrying what he described as a "bludgeon." Allegedly, the officer saw the defendants carrying the objects and he recovered them from the ground where they had dropped them.

In a supporting deposition, the officer specified that the bludgeons recovered from each of the defendants were metal pipes. On this basis, the defendants were charged under New York law with possession of a weapon in the fourth degree.

The defendants argued that the complaint against them did not provide any factual allegations supporting the conclusion that the defendants were in possession of a bludgeon under the law.

Is a metal pipe a dangerous weapon?

The City of New York Criminal Court noted that for an "information" or charging document to be sufficient, it must contain factual allegations of an evidentiary character showing reasonable cause to believe the defendant committed the crime charged.

The applicable New York law defined a number of weapons that qualified as possession of a weapon in the fourth degree, and included in that list was a "bludgeon." While the statute does not define bludgeon, dictionaries typically define it as a short stick or a short club which is generally heavier or thicker on one end.

Here, the objects had only been described generically as metal pipes. While a metal pipe may be a prohibited weapon under another provision of the law if used unlawfully with intent, the defendants were not charged under that provision requiring intent.

While a metal pipe might be used as a dangerous weapon, possession of a metal pipe was not, in itself, prohibited. Thus, the factual allegations were not sufficient and the weapons charges against the defendants were dismissed.

Seek experienced counsel

If you are charged with illegal possession of a gun or any illegal weapon, you should treat the charges as very serious. Seek an attorney with decades of experience in defending clients faced with weapons charges to ensure that your rights are protected.