Diamondeye wrote:
I can't speak to the Federal one (and I'd really like to see the case where someone got convicted where the gun wasn't on them; smart money says there's more to it than that) but in State laws, if you commit some violent crime while in posession of a weapon it becomes a more serious crime, or a separate crime - provided the victim is aware you have the weapon. If you're already committing a violent crime, there's a reasonable fear on the part of the victim that you might chose to use a weapon you have.
This is a statute that should only apply if the weapon is presented in commission of the crime, or if the victim of a crime is made aware of the presence of a weapon during said commission, ie. "I HAVE A GUN!" (knife, baseball bat, syringe full of AIDS infected blood, whatever...)
If the victim of a crime is unaware of the presence of a weapon, that weapon does not add to their duress, nor does it make them more likely to concede to the further demands of the person allegedly committing the crime.
Uhh.. that's what I said. See the underlined portion.
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