Bringing an electric gun in the streets (Belgium) Is it permissible to bring an electric gun in a hoster just in case of self-defense? Is there a need of a special written permission by a police department or a weapon center or by a court? What are the bureaucratic steps to entertain for this? Even if it is GENERALLY illegal, can I ask for a specific permission and get it through a hard bureaucratic process? Jurisdiction: Belgium
This answer assumes that with the term electric gun that you mean a electric gun, which is also called a Taser. Is it permissible to bring an electric gun in a hoster just in case of self-defense? With the exception of Austria, such devices are generally forbidden. In many, the police were allowed to use them, but that is now often restricted. Therefore for Belgium, you would need a permit issued against the Weapons Act 2006. The chances for such a permit, to also be carried openly in a holster, for the general purpose of self defense is very unlikely such permits are mostly only granted when the applicant is deemed by the authorities to be in great danger Sources: electric gun (English) United Kingdom Tasers are considered "prohibited weapons" under the Firearms Act 1968 and possession is an offence. Pistolet à impulsion électrique (French) France The Taser is classified as a Category B weapon (as is, for example, a 357 Magnum with a barrel: a weapon subject to authorization). Belgium The possession and carrying a taser by an individual is banned, as defined in the Weapons Act 2006 Elektroimpulswaffe (German) Germany Distance electro-pulse devices (such as Airtaser) are generally prohibited in Germany since April 1, 2008 and are not eligible. Switzerland In Switzerland, the transfer, acquisition, transfer and transfer of electroshock devices "that can impair people's resilience or permanently damage their health" is prohibited. Austria Under § 1 Z 1 WaffG 1996 is thus confirmed that z. B. o. A. Stun gun "[...] is essentially designed to eliminate or reduce the ability to attack or defend people by direct action [...]" and that it is not a prohibited weapon gem. Paragraph 17 (1) is worded as follows: 'Forbidden is the acquisition, importation, possession, and keeping of arms, the form of which is capable of simulating another object, or which are disguised with objects of daily use;' Spanish weapons law limits electric guns for the use of state security/military forces: Article 5 It is forbidden the marketing, trade, ownership and use, except by state agents specially allowed, and in line with the dispositions of the several regulations of: [..] c) electric defenses1, rubber defenses, tonfas or similar 1 And yes, electric defenses include electric guns.
The specific elements of the crime in question are going to be defined by Maltese law, which appears to be a blend of a European-style civil code with English-style common law. However, under ordinary Anglo-American standards, the alleged acts do seem to meet the legal definitions of these terms. At common law, an "assault" consists of placing someone in fear of an unwanted touching, and a "battery" is a completed assault; that is, an actual unwanted touching. If Mr. Suda, as alleged, took the victim's hand and touched it to his own genitals, without her consent, he committed an assault and battery. Any touching can constitute a battery, from a tap on the shoulder to a bullet in the head. Likewise, at common law, "violence" is any degree of physical force. If he tricked her into touching his genitals, that would not be a crime of violence; if he physically moved her hand to his genitals with his own hand, then he used physical force, or violence, to commit the crime. Again, what actually needs to be proven will depend on specifics you would need a Maltese lawyer to go into--but under general common law principles, neither "assault" not "violence" are particularly surprising.
No, it's not legal. This is the tort of assault, not to be confused with criminal assault. A tort of assault does not require actual contact, whereas some jurisdictions define criminal assault elements as those of battery; in others, it is an intended battery without the contact. The elements of common law assault are: A positive, voluntary act You can't do this accidentally or negligently That intentionally causes reasonable apprehension in the plaintiff The person must reasonably apprehend contact. However, this is a subjective standard. If the plaintiff does not apprehend contact, then this element is not satisfied. Additionally, while words alone are rarely enough to satisfy this element, words in a certain tone, or with certain actions, may be. Also, verbal threats are not required for this element. Of immediate You can't assault someone by threatening them with something that'll happen in the future, if it's distant enough. Whether this is distant enough is decided on a case-by-case basis. Unlawful contact The contact needs to be unlawful and harmful. In the situation you describe, a civil action in assault would have all requirements fulfilled. You might also succeed in pressing criminal charges, depending on the jurisdiction concerned. Police officers generally have the power to maintain the peace, and an assault is most definitely a breach of the peace. Again, depending on the jurisdiction, they may have the power to detain them, or to ask them to move along, for example.
For regular firearms you only have to comply with the laws of the state to which you are moving. Since Utah (presently) has no state-specific restrictions on ownership or possession of AR-15 rifles that means in this case, as you say, "no problem." (The only exception would be registered NFA items &ndash; e.g., machine-guns, suppressors, SBR, SBS, DD, AOW &ndash; for which the BATFE typically requires notice when you are moving them interstate. But if you have gone through the trouble of registering such an item, you probably already know that.) Finally, you have to exercise some care in the actual interstate transportation of firearms: If you are passing through a jurisdiction where possession of them is restricted then you have to follow the rules provided in the Firearms Owners Protection Act. In particular: Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered.
The principle of constitutional law is that in order to arrest you, the officer would need probable cause. Certain acts are in themselves violations of the order (being closer to another person that 6 feet, illegal sneezing). Walking in public does not per se constitute a violation. In order to briefly stop a person walking on the street (a "Terry stop"), the officer needs a reasonable suspicion that the person is in violation of the law. That means there has to be a reason, and a gut feeling does not count. An officer would not (legally) be able to stop every person they see walking down the street / driving, and demand an explanation of where they are going. If a person is just aimlessly wandering down the strees with friends (even if they are sufficiently separated), that could suffice to justify a stop, given the limited legal excuses for being outside your home.
It ultimately depends on the situation, but here's a general breakdown: Many states in the United States have anti-trespassing laws that allow citizens to use deadly force in response to threat of bodily harm. These laws and statutes intersect to provide more protections for gun owners encountering trespassers, burglars, or thieves in their home. However, pointing a gun at someone can be considered assault on the idea that it is a threat that puts someone in fear of harm. Thus, the legality of pointing your gun at someone depends on numerous factors. To name a few, it depends on How a state's criminal laws are defined What was the trespassing incident? Was the trespasser in one's home, or on one's property Whether one feared bodily harm from the trespasser Here's a real instance of this happening in the US: A farmer from New Hampshire was sentenced to 3 years in prison after brandishing his handgun to a trespasser. See article here.
The felon-possession law is Utah Code Ann. §76-10-503, which distinguishes Category I restricted person and Category II restricted person, a complex definitions that distinguish felons in general and violent felons, as defined at Utah Code Ann. § 76-3-203.5. In the case stricter case, the law says: (2) A Category I restricted person who intentionally or knowingly agrees, consents, offers, or arranges to purchase, transfer, possess, use, or have under the person's custody or control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under the person's custody or control: (a) any firearm is guilty of a second degree felony; or (b) any dangerous weapon other than a firearm is guilty of a third degree felony. and in the less strict case: (3) A Category II restricted person who intentionally or knowingly purchases, transfers, possesses, uses, or has under the person's custody or control: (a) any firearm is guilty of a third degree felony; or (b) any dangerous weapon other than a firearm is guilty of a class A misdemeanor. The law does not impose any restrictions unrestricted people. A &quot;dangerous weapon&quot; is defined in 76-10-501(6)(a) as &quot;a firearm; or an object that in the manner of its use or intended use is capable of causing death or serious bodily injury&quot;. They add a bit of subjectivity to their definition of &quot;dangerous weapon&quot; (i.e. &quot;we'll decide after the fact if the thing is a dangerous weapon&quot;), because: (b) The following factors are used in determining whether any object, other than a firearm, is a dangerous weapon: (i) the location and circumstances in which the object was used or possessed; (ii) the primary purpose for which the object was made; (iii) the character of the wound, if any, produced by the object's unlawful use; (iv) the manner in which the object was unlawfully used; (v) whether the manner in which the object is used or possessed constitutes a potential imminent threat to public safety; and (vi) the lawful purposes for which the object may be used. The felon could not have a stun gun with the intent to use it as a dangerous weapon, but it is not prohibited for a felon to have one to use on for legal purposes. There are contexts where stun guns are held to be dangerous weapons (United States v. Wallace, 800 F.2d 1509. Some states define stun guns as dangerous weapons, but that is not the case in Utah. It is also illegal for an unrestricted person to &quot;sell, transfer, or otherwise dispose of any firearm or dangerous weapon to any person, knowing that the recipient is&quot; a restricted person, and in cases of flagrant negligence the court might find that allowing such a person access to a dangerous weapon constituted &quot;transferring&quot; the weapon.
There is a defense of provocation This doesn’t apply in this instance because the provocation must be such that it would case a reasonable person to lose control. No reasonable person shoots a six year old.