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Erich · December 11, 2001, 12:23 PM

I'm a lawyer who does criminal defense appeals, and this is the sort of definition I hack out in the courts. Given my experience with ASPs (used to sell them, long ago, though I only have a Monadnock Autolock now) and the link to the statute you set up, it doesn't look like an ASP is a "spring stick" under that statute. (The ASPs I've seen require an outward or centrifugal thrust or movement to open them - pushing a button does not deploy them.) However, my perfunctory glance at the statute is definitely not a legal opinion: I have not researched VA law to see whether there have been any cases regarding the definition of "spring stick" or even verified that the link you published is to the controlling statute. As Erick suggests, you really must talk to an attorney in your jurisdiction to get an opinion on your local law.

Regardless of the answer you get from the attorney you contact, there are no guarantees . . . the cop who finds the ASP will decide whether he arrests you on the charge. The prosecutor's office will decide whether they will charge you under the statute. A judge in your state will decide the legal question of whether the charge will go forward. If the judge says, "Go ahead," a jury of your peers will decide whether you committed a crime in carrying the ASP. Ultimately, a panel of appellate judges from your state may have to review the case and decide whether your ASP is a "spring stick" under the statute . . . if they haven't done so already.

As Erick suggested, calling the local prosecutor's office might get you an answer - though it might not be the same answer you'd get at the prosecutor's office in the next jurisdiction over or even from another prosecutor in the same office. There really isn't anything that will guarantee that you're not going to get hassled and have to defend yourself in court and maybe even lose - regardless of how clearly a statute might seem to support you. Unjust things do happen sometimes.

But talking to the local prosecutor is probably your best bet. The answer you get from them is probably going to be pretty reliable. If you want to go the other route, the local Bar association can hook you up with numbers for criminal defense lawyers who should know the subject, although I'd try to get a couple of names from an attorney with another specialization. Find out who the attorney would go to if he had a problem. Not all lawyers are as on top of things as they might be; you want to hire one who's on the ball.

Good luck. Ain't law fun? :barf:

December 11, 2001, 12:23 PM	#3
Erich Senior Member Join Date: January 8, 1999 Location: Albuquerque, NM, USA Posts: 2,543	I'm a lawyer who does criminal defense appeals, and this is the sort of definition I hack out in the courts. Given my experience with ASPs (used to sell them, long ago, though I only have a Monadnock Autolock now) and the link to the statute you set up, it doesn't look like an ASP is a "spring stick" under that statute. (The ASPs I've seen require an outward or centrifugal thrust or movement to open them - pushing a button does not deploy them.) However, my perfunctory glance at the statute is definitely not a legal opinion: I have not researched VA law to see whether there have been any cases regarding the definition of "spring stick" or even verified that the link you published is to the controlling statute. As Erick suggests, you really must talk to an attorney in your jurisdiction to get an opinion on your local law. Regardless of the answer you get from the attorney you contact, there are no guarantees . . . the cop who finds the ASP will decide whether he arrests you on the charge. The prosecutor's office will decide whether they will charge you under the statute. A judge in your state will decide the legal question of whether the charge will go forward. If the judge says, "Go ahead," a jury of your peers will decide whether you committed a crime in carrying the ASP. Ultimately, a panel of appellate judges from your state may have to review the case and decide whether your ASP is a "spring stick" under the statute . . . if they haven't done so already. As Erick suggested, calling the local prosecutor's office might get you an answer - though it might not be the same answer you'd get at the prosecutor's office in the next jurisdiction over or even from another prosecutor in the same office. There really isn't anything that will guarantee that you're not going to get hassled and have to defend yourself in court and maybe even lose - regardless of how clearly a statute might seem to support you. Unjust things do happen sometimes. But talking to the local prosecutor is probably your best bet. The answer you get from them is probably going to be pretty reliable. If you want to go the other route, the local Bar association can hook you up with numbers for criminal defense lawyers who should know the subject, although I'd try to get a couple of names from an attorney with another specialization. Find out who the attorney would go to if he had a problem. Not all lawyers are as on top of things as they might be; you want to hire one who's on the ball. Good luck. Ain't law fun? :barf: