Quote Originally Posted by thperez1972 View Post
That's a silly question for a couple of reasons. First, you already know the answer. No, I, along with almost everyone else, do not leave my arms and fist when I leave anywhere. In fact, I don't just bring my arms and fist, I bring my arms and both fists.

Second, this discussion is regarding a bb gun being viewed as a dangerous weapon in the eyes of the law. Neither arms nor fists are viewed as dangerous weapons with respect to the laws. Aggravated Battery is a battery committed with a dangerous weapon. If you hit someone with an arm or a fist, you will not be charged with Aggravated Battery. You will be charged with Simple Battery. But, you're telling yourself, a dangerous weapon includes any gas, liquid or other substance or instrumentality, which, in the manner used, is calculated or likely to produce death or great bodily harm so what if you hit someone with your arm or fist and you produce death or great bodily harm? Well, I'm glad you asked. If it results in death, the charge would be one of the homicides. If it results in great bodily harm, it's Second Degree Battery. Second Degree Battery is a battery when the offender intentionally inflicts serious bodily injury. In your head you're now thinking someone could still be charged with Second Degree Battery but the actions could meet the requirement for Aggravated Battery. That makes less sense than your question. Aggravated Battery carried up to 10 years and Second Degree Battery carries up to 8 years. If the actions met the requirements for the crime with the harsher penalty, someone would be charged with that crime.

Here's a good example. The suspect and another guy nearly beat a guy to death and put him in a coma. The suspect was convicted of second degree battery. If arms and fists were dangerous weapons, he would have been arrested for either aggravated battery or attempted murder.
Do you leave your mic at home after you drop it, or do you pic it up and bring it with you everytime you leave?