Opinion
Cr. I.D. No. 0112007545
Submitted: May 10, 2002
Decided: May 22, 2002
ORDER
On this 22nd day of May 2002, upon consideration of defendant's motion to dismiss count one of the indictment, it appears that:
(1) On December 11, 2001, a state park ranger ("ranger one") observed defendant, whom he had previously arrested in the same geographic area for hunting violations, enter Woodlawn Trustees Property. Ranger one confirmed that there was a "no contact" order against defendant, prohibiting him from entering the property. Another ranger ("ranger two") saw defendant carrying a compound archery bow, arrows, a backpack, and a deerstand. Defendant was dressed in camouflage clothing, with no hunter orange on his person and no visible display of a hunting license. Ranger one, ranger two, and a third ranger attempted to confront defendant but he walked away. Later, ranger one spotted defendant exiting his recently parked vehicle and ordered defendant to come to him. Defendant refused. Ranger one and a fourth ranger drew their weapons, and defendant complied. After securing the defendant, ranger one found a compound archery bow and arrows in defendant's vehicle.
Affidavit of Probable Cause at 1.
Id.
Id.
Id. at 1-2.
Id. at 2.
Id.
Id.
Id.
(2) Count one of the indictment against defendant is possession of a deadly weapon or firearm by a person prohibited. That statute prohibits a person from purchasing, owning, possessing, or controlling a deadly weapon or ammunition for a firearm if that person has been convicted of a felony or a crime of violence involving physical injury. Defendant is subject to that statute because he has a prior conviction for aggravated assaulted in Pennsylvania.
Del. C. Ann. tit. 11 Del. C. § 1448 (2001).
(3) Defendant argues that a bow and arrow is not a deadly weapon and that that charge should be dismissed. A deadly weapon is defined, in part, as a firearm. A firearm is defined as "any weapon from which a shot, projectile or other object may be discharged by force of combustion, explosive, gas and/or mechanical means . . . ." A bow and arrow is a weapon designed to kill its target. An arrow is a projectile or other object discharged by the mechanical means of the person holding the bow and arrow. Accordingly, a bow and arrow is a deadly weapon.
Del. C. Ann. tit. 11 Del. C. § 222(5) (2001).
Del. C. Ann. tit. 11 Del. C. § 222(11) (2001).
(4) Ordinary items, in their unaltered form, are not deadly weapons unless under the circumstances of their use they have the potential for the infliction of death or serious physical injury. That analysis has been used to determine if normal objects, such as a barbell, a bowling ball, a chair, a floor fan, and a table were used in a manner in which they had the potential for inflicting death or serious bodily injury. I need not undertake that analysis here as a bow and arrow clearly fit within the definition of a deadly weapon. Accordingly, defendant's motion to dismiss count one of the indictment is DENIED.
Taylor v. State, 679 A.2d 449, 453-54 (Del. 1996). See also Johnson v. State, 711 A.2d 18 (Del. 1998); Stansbury v. State, 591 A.2d 188 (Del. 1991), cert. denied, 513 U.S. 882 (1994).
Id.; Johnson, 711 A.2d at 28-29; Stansbury, 591 A.2d at 193.
IT IS SO ORDERED.