Broken Pistol Not A "Concealed Deadly Weapon"

The court used a "common-sense reality check" to state that a broken pistol is not a deadly weapon.

 

In re J.T., Ohio, No. 2014-0449, Sept. 10, 2015

The Ohio Supreme Court rejected the state's claim that the broken firearm, being carried in the waistband, counted as a deadly weapon because it could be used as a bludgeon, like a club or nightstick. The court stated that it "was no more of a deadly weapon than is a laptop computer or a briefcase, yet attorneys are not routinely arrested for carrying concealed weapons as they enter our courthouses."

http://www2.bloomberglaw.com/public/desktop/document/In_re_JT_2015Ohio3654_Ohio_Sept_10_2015_Court_Opinion