Cornflake wrote:
I think Fnord means the pole with a spearhead on the end - the one Bison Man carried throughout his incursion.
Also, is it necessary for a spear to be used before it can be called a weapon? (and probably a lethal weapon, going by the length of that pointy bit)
Yes, the flagpole, which to my knowledge was only used as a flagpole as the defendant wasn't charged with any violent offenses. I would say intent should have to be proven, as there are many, many, items that are not weapons per se but can and have been used as such, off the top of my head flashlights, rolls of coins, keys held in a clenched fist, knitting needles, rocks, etc, and if you're going to argue that mere possession should trigger a sentence enhancement, you should have to prove that the item was intended as a weapon, not that it merely
could be used as one. If a guy shoplifts something and when he's caught and searched he has a roll of quarters in his pocket, should that be used as a sentencing enhancement because it
could have been used as a weapon, despite his crime not involving violence and no evidence that he intended to use the coins as a weapon? That's the level of "logic" being employed here, which I would term motivated reasoning.
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