When Gerald Otis Evans was arrested last week, accused of pulling a knife on first responders, he was charged with being a felon in possession of a weapon.
And while the felony charge of felon in possession of a firearm is more commonly known, its misdemeanor cousin— the weapons possession charge— may not be.
The felon in possession of a weapon charge means that anyone convicted of a felony cannot own or possess a switch-blade, a butterfly knife, a clubbing instrument, a Taser or a stun gun.
Convicted felons also are not allowed the carry a dirk, dagger or stiletto — meaning a bladed weapon sharpened on both sides of the blade — in public.
Lane County senior prosecutor Erik Hasselman said he can recall the most unusual weapon he prosecuted a convicted felon for possessing: a silhouette image of a woman from a mudflap, with her legs sharpened on each side into bladed edges and her feet sharpened into a stabbing point.
Convicted felons may possess daggers, dirks or stillettos in his or her residence, but may not carry them in cars or in public. The other weapons cannot be owned.
Additionally, in a separate charge, felons are not permitted to own body armor if their felonies were related to an act of violence.
Felon in possession of a firearm is a Class C felony, while felon in possession of a weapon is a Class A misdemeanor.
Hasselman said that other than adding stun guns and tasers to the list of restricted weapons, the Legislature hasn't modified the law in more than 20 years.
According to the city of Eugene's most recent crime statistics, there was a 22 percent increase in the number of felons arrested with weapons, including both firearms and restricted weapons, with 86 cases in 2016 and 105 in 2017.
FAQs
Convicted felons may possess daggers, dirks or stillettos in his or her residence, but may not carry them in cars or in public. The other weapons cannot be owned.
What self-defense weapons can a felon own? ›
They are prohibited from owning, purchasing, receiving, or controlling firearms. Also, people with outstanding felony warrants are forbidden from owning or possessing a gun. It is legal to purchase, possess, or carry a stun gun or taser for lawful self-defense as defined under Penal Code 22610 PC.
Can a felon have a rubber bullet gun? ›
Generally, a felon can legally own a Byrna in 45. states. The exceptions are: Delaware, Idaho, Illinois, New. Jersey & Rhode Island.
Can a felon own a cannon? ›
If you get convicted of any felony offense, you will lose your gun rights in California. In fact, if you have a felony conviction on your criminal record, it is itself a felony offense to own, purchase, receive, or possess a firearm. Convictions carry up to 3 years in prison.
Can felons own less lethal guns? ›
It doesn't matter whether your felony was violent or non-violent. A felony conviction costs you your gun rights.
Can a felon own an air rifle in Texas? ›
Felons are only prohibited from owning a firearm, an air gun is not a firearm. So yes, a felon can own an air rifle.
Can felons own cap and ball revolvers? ›
Can a felon own a cap and ball revolver? - Quora. Federal Law- Title 18 US Code Section 922 states that what you describe- a cap and ball revolver NOT using fixed ammunition - either actual antique or a reproduction - is an antique and felons are not prohibited from possession or use. Some states may prohibit .
Can civilians own bean bag rounds? ›
You may carry either openly or concealed. Irritant powder shotgun shells are prohibited, but baton/bean bag shells are not.
What is the best self-defense weapon to carry? ›
What is the best self defense weapon? The best self-defense weapon is the one that you are most comfortable with and that you use properly. Some common self-defense weapons include pepper spray, expandable batons, pocket knives, stun guns, and tasers. All of these can be effective in different situations.
In what states is Byrna illegal? ›
LEGAL IN ALL 50 STATES, BYRNA HAS BECOME THE GO-TO SELF-DEFENSE WEAPON OF CHOICE FOR ADVENTUROUS RVERS AND TRAVELERS. Gary Cipa is the safety trainer for the Family Motor Coach Association (FMCA) and has spent years teaching fellow RV drivers the complications and consequences of carrying firearms across state lines.
After considering the Supreme Court's new test on the scope of the Second Amendment right to possess firearms, the Tenth Circuit reaffirmed its longstanding precedent upholding the constitutionality of a federal statutory ban on convicted felons' possession of firearms, even for nonviolent felons.
Can my wife own a gun if I'm a felon in Texas? ›
To be clear, there are no rules that prohibit the spouse of a convicted felon from owning a firearm. Being married to someone who committed a crime does not mean you should or can be punished by the law for doing so.
What guns can civilians not own? ›
NFA weapons are weapons that are heavily restricted at a federal level by the National Firearms Act of 1934 and the Firearm Owners Protection Act of 1986. These include automatic firearms (such as machine guns), short-barreled shotguns, and short-barreled rifles.
Why can't felons protect themselves? ›
A case from 1978, People v. King 22 Cal. 3d 12 , suggested that convicted felons who carry firearms don't have the right to stand their ground. Convicted felons are prohibited from possessing firearms under California's “felon with a firearm” law, Penal Code 29800 PC.
Can a felon carry a knife in Texas? ›
In Texas, felons are not allowed to possess a weapon for 5 years following either conviction or release from prison, whichever is later. After that 5-year period, it is legal for felons to possess weapons in their own homes, but felons are not allowed to possess weapons anywhere else.
Can anyone buy a Byrna gun? ›
The Byrna SD is not classified as a firearm therefore does not require a permit or background check to own.
How are felons supposed to protect themselves? ›
In most of the United States, if not all, a felon can legally use any weapon to defend himself (over 90% are male, so I'm going with the most likely case, here) and his family or other persons against unlawful violence.
Can felons in Michigan own guns? ›
Not only is it illegal for a convicted felon to possess a firearm in Michigan, but it is also illegal for a convicted felon to possess ammunition.
Can a felon carry a pocket knife in Florida? ›
In Florida, the possession of certain weapons, including knives, by convicted felons is generally restricted. Under Florida Statute 790.23, it is unlawful for a person who has been convicted of a felony to own, possess, or carry a firearm or any "electric weapon or device" (such as a stun gun).
