assault with a deadly weapon without a weapon?

i heard that in my state (missouri) that at a certain belt level you are considered a deadly weapon. does anyone know where i can find these laws over the net because id really like to read them for myself. ive been searching through google and i cant find what im looking for, just 223122131 pages from various martial arts schools on their rules.

 

And where did you hear that?

 

Registering your hands as weapons. Now that sounds like a good smack talk.

 

i think that came from the Andy Griffith show

 

I actually brought up this very same subject a while ago on another forum... re: some states in US you have to register with your local police dept. upon receiving your black belt in any martial art.




In the book "American Law and the Trained Fighter", by Carl Brown a lawyer, he suggests that we should consider the skill level of the martial artist in determining reasonableness and also in determining whether the attack by the martial artist is "aggravated" (i.e., with a weapon). What Mr. Brown means is that since we martial artists all possess "mystical and overwhelmingly powerful skills", we should be judged differently and if we use our skills, even in self-defense, we should be deemed to have been armed.

Another informative book is "Martial Arts & the Law" by Dr. Karl J. Duff. This book is a good reference guide for any dojo and offers several illustrated hypothetical situations.

 

from 2 different people, 1 of which a blackbelt ( i think 3rd dan, not sure.) both of which said that your considered a weapon. i never heard of having to register though, im definately going to have to check this out then.

 

It's a bunch of BULLSHIDO I just searched for an hour and a half on every search engine I could think of and I called my city hall and they searched both the city and state laws and found NOTHING!!! They did say though that we are suppose to not fight because we are considered more lethal than the general public and then I started debating saying things like, How are MA'ists more lethal than gang bangers with guns and knives when we're armed with our hands and feet? Then she responded, "well uhh I dunno but who ever said this was dealing with weapons?" Who ever said it wasn't dealing with weapons? Then after about fifteen minutes of this she finally had to go sounding really stupid so I guess that makes me almost a master debator

That's all I could find. Hope it helps.

NeonxBurst

 

Lmao!

We're considered more lethal? Hmmm, unarmed, yes (especially if well trained in Dim Mak), armed, no, if someone has a gun, we're sitting ducks.

With all due respect, Carl Brown is a moron and I think grossly misinformed about MAs. He thinks we should be judged more harshly because we're taking the legal route to defending ourselves, rather than importing AK-47s on some black market.

 

On a similar topic, I wonder if there's evidence of a prosecutor using the fact of someone's interest in MA to 'prove' they have a propensity for violence, e.g. in a divorce/custody battle?

 

It's funny, they believe what they want to/what's most beneficial. Like, they believe we have mystical, ultra powerful, one touch death skills and stuff. Yet, in the scenario you mentioned, they'd most likely forget that "we're intensely spiritual and meditate 24/7" and so would be extremely calm and not prone to violence.

 

Exactly, infact there are very few MA'ists who are actually overly violent. We train every day so we can become more peaceful and should the need arise we can defend ourselves and others from harm not so we can go out on a brain stabbing, eye poking, nose breaking killing spree! I mean where do they find these idiots, seriously I'd like to know.

-NeonxBurst

 

Mercer, Georgia State, Loyola, University of Oregon.............

 

LOL
Sadly yes this is probably true.
Someone oughta write a book on the stupidity of the ignorant public on the martial arts, and explain how we're not as they see... Violent.... Im not umm violent(quickly puts away razor sharp katana)

 

I'm not saying this in his defense or anything but Carl Brown is a black belt in Judo and also a Kung fu instructor, tournament competitor, lawyer and freelance writer. Moron? I did read the book and found it interesting and it does focus on some straight facts..... and yes, martial artists are more responsible (or rather should be) for their actions than the average person.


So it may be best (should you have to defend yourself) NOT to disclose that you ARE a black belt or even a martial artist.

All martial artists should thoroughly investigate the laws in you area to see what self defense techniques may put you in legal jeopardy.

 

I agree.

Mr. Government...(Mrs. Government for you English folks)... does not need to know.

 

It doesn't really matter what technique(s) you use you're still gonna most likely suffer the same fate as the other guy that just attacked you, and here in Davenport it doesn't matter if you disclose your hobbies or not the police will research they will find out what you are, what you do, and what you've done in the past. There is nothing safe anymore we Americans think we're "free" and I guess in some ways we are, but what we forget is that the police aren't on our side they're on their own side and they don't care who they trample to get what they and the DAs want.... A CONVICTION. So here's my advice just like KC said disclose nothing(not that it helps believe me), and only talk with your lawyer present. Of course in foreign countries I dont know your laws , but that was for all the Americans reading and anyone else that really cares what I have to say.

 

I fail to see why he is suggesting these things then. He should well know that serious martial artists, the ones who can causer serious are the ones who would never start fights or use too much force against someone. Sure you have some cocky "newbies" who like to try and prove themselves by beating people up, but they're not that dangerous. Not until (as I said in another thread) about 5th Kyu are they becoming proficient and able to inflict serious injuries. It is also at this time, when the student is required to become serious about his or her art.

I have to agree with you about investigating local laws. I have to make a point of it to visit my nearest police station and enquire about the relevant laws.

 

in New York, 2 weeks at a Martial arts school you are considered a "deadly weapon."

 

-I had to study a bit on self defense laws to get licensed as a tactical master. If you are either a professional fighter, whether boxer, kickboxer, ect., or an instructor, if you hit someone it is considered assault with a deadly weapon by the US legal system.
-If you are a student of martial arts and Joe Blow hits you(shame on you for not evading or parrying) and you hit them back, if you are trained, the legal system sees you as having an advantage and your strike could be percieved as being higher on the use of force ladder. How this is viewed can vary depending on the situation. One option is to get certification in a "soft hands" self defense system that will hold up in court. If you try these methods and the subject escalates the level of force, then you are free to use whatever means you deem necesary to defend yourself (as long as they persist in the attack' don't crush their skull while they are helpless "just to make sure") and are pretty much covered both in criminal and civil court. The certification is inexpensive especially compared to legal fees.
-If you aren't certified and you get into a situation, don't volunteer that you are a martial artist (it's not your responsibility to create a possible case against you), but if it does come up; remember these lines :"I was in fear for my life" and "I just took those classes for exercise, I never imagined it would do that".

 

^ Yeah, thats probably the best way to go at it.