Weapons Possession

Weapon possession refers to a class of crime regarding the unlawful possession of a weapon by a citizen within an established society. Many societies have placed a restrictions on what kind of forms of weaponry private citizens are allowed to purchase, own, and carry in public. Such crimes are public order crimes and are considered mala prohibita, in that the possession of a weapon in and of itself is not evil. Rather, the potential for use in acts of unlawful violence creates a possible need to control them. Some restrictions are strict liability, whereas others require some element of intent to use the weapon for an illegal purpose. Some regulations allow a citizen to obtain a permit or other authorization to possess the weapon under certain circumstances. Lawful uses of weapons by civilians commonly include hunting, sport, collection, and self-preservation.

Criminal possession of a weapon generally falls into one of the following several categories.

Simple possession which is the strictest standards, some weapons are prohibited from any form of private ownership at all, even if it's kept in one's dwelling under secure conditions (such as a safe). Typically this covers dangerous military devices with almost no usefulness to civilians such as bombs, artillery, machine guns, nuclear devices, and chemical weapons.

Carry of a concealed weapon which is a restriction on carrying certain weapons on one's person in such a manner that it is hidden from view of others. This can sometimes include somewhere in the same vehicle or close to one's surroundings where the weapon is easily reachable. Carry in plain sight which is the opposite of carrying concealed. Some jurisdictions make it a crime to carry a weapon in plain view of others. Reasoning may include to prevent intimidation or menacing, or to possibly create a friendlier looking population by removing visual symbols of violence.

All weapons possession crimes follow some standard of intent though this standard varies. The most common is "strict liability", meaning that there is no requirement of intent whatsoever. Merely being caught by law enforcement with the weapon in question under the circumstances described in the law (possession, concealed or open) is a crime in and of itself, with almost no possible defense other than proving the item is not an illegal weapon with i the laws definition. Some laws allow the accused a defense to the charge that the item in question was going to be used for a specific set of lawful purposes, such as one's occupation (such as a set of knives being carried by a ine cook in route to his job, or tools carried by a construction worker). In this case, the burden of proof is often placed on the accused, requiring them to prove their lawful intent in court. Other laws require proof of specific intent to commit a criminal act by the accused, thereby placing the burden of proof on the state to produce evidence that the weapon was possessed with some unlawful purpose (such as an attempted homicide, robbery, or assault). The circumstances under which law enforcement discover the weapon often play a strong role in this.