Also known as: firearms · gun · weapon
Written by attorneys · grounded in primary & secondary sources — see below
A weapon that expels a projectile by the combustion of gunpowder or other explosive. The term encompasses handguns, rifles, and shotguns when used in contexts requiring proof of a dangerous instrument or lethal capability.
Felicia Fuentes drove to the victim's home and loaded a firearm with bullets purchased earlier that day. She then pointed the loaded firearm at the victim and pulled the trigger, but the gun misfired. The conduct satisfied the dangerous-proximity requirement for attempt liability.
Felipe Figueroa stole a firearm from Frontier Capital's warehouse during a nighttime break-in. Because the stolen property was a firearm, the theft qualified as a third-degree felony regardless of the item's monetary value.
Floyd Franklin was arrested inside his vehicle on an outstanding warrant. Officers searched the passenger compartment within his immediate reach and recovered a firearm from under the front seat. The search remained limited to the area from which Franklin could have obtained a weapon.
Select any source to read its text and confirm it supports the definition.
Flora Ford faced an attacker who advanced with a knife. She drew her firearm and fired once, intending only to stop the advance. The shot caused serious bodily harm, but the means used were privileged because they were intended and likely to cause only the force necessary to repel the threat.
Fatima Flores aimed a firearm at the victim's chest and fired a single shot. The factfinder could infer from the intentional use of the deadly weapon directed at a vital area that Fatima acted with malice aforethought.
Fiona Foster pointed a loaded firearm at a bystander and pulled the trigger during an argument. The conduct constituted aggravated assault because Fiona purposely caused bodily injury with a deadly weapon.
Yes. Going to a store to buy bullets remains only preparatory and does not satisfy the dangerous-proximity requirement for attempt.
Yes. Theft constitutes a felony of the third degree when the property stolen is a firearm, irrespective of the amount involved.
Officers may search the area within the arrestee's immediate control, including the passenger compartment, from which the arrestee might gain access to a weapon.
Use of a firearm is unprivileged if the actor intends or realizes it is likely to cause death or serious bodily harm beyond what is reasonably necessary to repel the threat.
Yes. When a defendant intentionally uses a deadly weapon directed at a vital part of the victim's body, the factfinder may infer an intent to kill.
Yes. Purposely causing bodily injury to another with a deadly weapon constitutes aggravated assault.
…fellow with the purpose of shooting him. My guess is, however, that you expected something from him and that's why you carried a gun—for your own protection. You knew him for what he was, no good. Then when you met him he probably started using foul, abusive language and he gave some indication that he was about to pull…