California, United States of America
The following excerpt is from People v. Guerra, B275889 (Cal. App. 2017):
Defendant's contention is meritless because one's ownership, use, or possession of kitchen cutlery for that purpose does not fall within the well-established definition of dangerous or deadly weapons. (See People v. Graham (1969) 71 Cal.2d 303, 327 ["dangerous or deadly weapons" encompass instrumentalities that "are weapons in the strict sense of the word and are 'dangerous or deadly' to others in the ordinary use for which they are designed" and instrumentalities that "are not weapons in the strict sense of the word and are not 'dangerous or deadly' to others in the ordinary use for which they are designed" but are
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"capable of being used in a 'deadly or dangerous' manner" and may be shown by the evidence that the "possessor intended on a particular occasion to use it as a weapon"]; see also People v. Burton (2006) 143 Cal.App.4th 447, 457.) Defendant's pepper spray example to show unreasonableness fares no better: like the firearm prohibition, felons are prohibited from purchasing, possessing, or using pepper spray. ( 17240, 22810; People v. Autterson (1968) 261 Cal.App.2d 627, 630-631.)
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