5 cell maglite

[yzErnie]

The batteries weighed enough...there was no need for any additional weight....uh....so I have heard!!!

[JaMail]

the way i heard it, is that due to the weight and length of a 5 cell light, it counts as a "deadly" weapon. if you hit someone with it, its assault with a "deadly" weapon.

if i hit someone with my fist, its not a deadly weapon, if i hit them with a 5 cell maglight, its a deadly weapon, if i hit them with a pillow its not a deadly weapon, if i try to stab them in the throat with a pencil its a deadly weapon.

http://www.shouselaw.com/assault-weapon.html#what has some pretty good examples of innocent deadly weapons. I can see how this urban legend would have got started..

ill just start carrying around a bag of dog poo, then i can get charged with assualt with an insulting weapon.

[Swatguy10_15]

Its in the context of its use and/or possession. Just like a baseball bat. Its the baton or club PC section being referenced to. Simple possession of a 5 cell flashlight is by no means illegal, especially if its in a toolbox with other tools. No LEO is going to say anything about it as theres nothing to say. Its a flashlight. Now take that same flashlight and carry it around in plain view (or concealed,where who knows)on a bright sunny day just because...Its still a far fetch for prosecution purposes as a "club or baton" but you may grab a black and whites attention. Youre neighbor seems to be attempting to turn an assumption into fact.

[Swatguy10_15]

the way i heard it, is that due to the weight and length of a 5 cell light, it counts as a "deadly" weapon. if you hit someone with it, its assault with a "deadly" weapon.

if i hit someone with my fist, its not a deadly weapon, if i hit them with a 5 cell maglight, its a deadly weapon, if i hit them with a pillow its not a deadly weapon, if i try to stab them in the throat with a pencil its a deadly weapon.

http://www.shouselaw.com/assault-weapon.html#what has some pretty good examples of innocent deadly weapons. I can see how this urban legend would have got started..

ill just start carrying around a bag of dog poo, then i can get charged with assualt with an insulting weapon.

Yes it can and usually will be considered a deadly weapon. If one were to choose the flashlight in question for self defense just remember justification of force and only using the force neccessary to stop the threat. i.e. if youre in a physical fight with someone you cant go and pop them in the head with the maglite unless you can justify (to 12 jurors) that you feared for GREAT BODILY INJURY OR DEATH. Not hurt pride..

[Purple K]

[Fire in the Hole]

But I was just shedding some light on the subject. My assailant appeared in need of some illumination. So I provided my lamp of knowlege to him.