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Unusually incompetent, unlucky robber

Posted: Wed Jan 23, 2008 9:16 pm
by seamusTX
North Carolina -- Robber drops weapon, shoots self in foot, busted. :smash:
Roberts faces several charges that include attempted robbery with a dangerous weapon and possession of a weapon of mass destruction. Police said the handgun had been altered to fire .410 shotgun shells.
I wonder what they're talking about. Maybe the robber had a .45 LC/.410 revolver.

http://ap.google.com/article/ALeqM5gBSr ... gD8UBRBA80

- Jim

Re: Unusually incompetent, unlucky robber

Posted: Thu Jan 24, 2008 3:47 am
by KBCraig
My first inclination was that the reporter was confused about "destructive device", vice "weapon of mass destruction". But no, a .45 caliber handgun firing a .410 shell doesn't qualify.

This was NC, and it would be a state charge, so if anyone cares to dive into their statutes, please report back.

Re: Unusually incompetent, unlucky robber

Posted: Thu Jan 24, 2008 6:34 am
by seamusTX
"Destructive device" makes sense.

- Jim

Re: Unusually incompetent, unlucky robber

Posted: Thu Jan 24, 2008 12:51 pm
by carlson1
This thread was started first, so I left it open, but there are some interesting post on this "locked thread."
http://www.texasshooting.com/TexasCHL_F ... &sk=t&sd=a

Re: Unusually incompetent, unlucky robber

Posted: Thu Jan 24, 2008 1:26 pm
by tboesche
Well,
If a 410 is a weapon of mass destruction, does that mean a 12 GA. is a planet killer???????????

Re: Unusually incompetent, unlucky robber

Posted: Thu Jan 24, 2008 1:45 pm
by seamusTX
Here's some idle speculation:

This guy would be up for 5 to 99 years in Texas. North Carolina probably has equivalent sentences. They might drop the WMD charge in exchange for his giving up the person who gave him the weapon. Then they might nail a habitual criminal who supplies weapons to other criminals. :fire

- Jim

Re: Unusually incompetent, unlucky robber

Posted: Thu Jan 24, 2008 2:08 pm
by Keith B
Well, maybe it is a weapon of mass destruction.
Excerpt from http://www.ncdoj.com/DocumentStreamerCl ... MSLAWS.pdf

......B. WEAPONS OF MASS DESTRUCTION
North Carolina General Statute § 14-288.8 provides that it is unlawful for any person
to manufacture, assemble, possess, store, transport, sell, offer to sell, purchase, offer to
purchase, deliver, give to another, or acquire any weapon of mass death and destruction.
A weapon of mass death and destruction includes:
(1) bombs of all sorts;
(2) grenades;
(3) rockets having a propellant charge of more than 4 ounces;
(4) a missile having an explosive or incendiary charge of more than one-quarter ounce;
(5) mine;
(6) any type of weapon (other than a shotgun or a shotgun shell of a type particularly suitable for sporting purposes) which will expel a projectile using an explosive or other propellant and which has a barrel with a bore of more than one-half inch in diameter;
(7) any firearm capable of fully automatic fire;
(8) any shotgun with a barrel length less than eighteen inches or an overall length of less than twenty-six inches;
(9) a rifle with a barrel length of less than sixteen inches or an overall length of less than twenty-six inches;
(10) any muffler or silencer for any firearm, whether or not such firearm is included within this definition;
(11) any combination of parts either designed or intended for use in converting a device into any weapon described above and from which a weapon of mass death and destruction may readily be assembled.
Thus, a device which could convert a semi-automatic firearm into one capable of fully
automatic fire, would be in violation of this statute, whether or not one actually possesses
23 such a weapon. The possession of the device itself is a crime. If any person possesses a
weapon of mass death and destruction in violation of this statute, he would be guilty of a
Class I Felony.
The only persons capable of owning or possessing a weapon of mass death and
destruction, as defined above, are the following:
(1) Persons exempted from the provisions of carrying a concealed
weapon in North Carolina with respect to any activity lawfully
engaged in while carrying out their duties;
(2) Importers, manufacturers, dealers, and collectors of firearms,
ammunition, or destructive devices validly licensed under the
laws of the United States or the
State of North Carolina, while lawfully engaged in activities authorized under
their licenses;
(3) Persons under contract with the United States, the State of
North Carolina, or any agency of either government, with
respect to any activities lawfully engaged in under their
contracts; or
(4) Inventors, designers, ordinance consultants and researchers,
chemists, physicists, and other persons lawfully engaged in
pursuits designed to enlarge the knowledge of or to facilitate the
creation, development, or manufacture of weapons of mass
death and destruction intended for use in a manner consistent
with the laws of the United States and the State of North
Carolina.

Re: Unusually incompetent, unlucky robber

Posted: Thu Jan 24, 2008 2:32 pm
by seamusTX
Where do they define shotgun?

In federal law, a shotgun has a smooth bore. If the barrel is shorter than 18 inches, it's a short-barrel shotgun (SBS) and falls under NFA34.

The Taurus Judge and similar revovlers that shoot .410 shot shells are not considered SBS because they have rifled barrels.

- Jim

Re: Unusually incompetent, unlucky robber

Posted: Thu Jan 24, 2008 9:20 pm
by cbr600
deleted