Q: Can undefined weapons become weapons if used in self defence?
Any object may fit the definition of a weapon if carried or used with intent to injure. But what if one carries an object such as an axe, intending to harm others if necessary in self defence? Will he be allowed to continue carrying it, or be prosecuted for malicious intent?
A: Nobody is a mind reader. Intent to use an object as a weapon is something that is determined based on the facts. Of course, openly declaring or admitting your intentions can and will be used as evidence against you. A person carrying an ax is not committing a crime if that is all they are doing. They might be taking it home, or to lend to a friend, or on their way to chop wood. If they are running after someone with it held menacingly over their head ready to chop it down on the person, then there’s a pretty strong inference of malicious intent (if stopped before any attempted swing at the victim you could claim you were just play acting, I suppose, but good luck with that defense if the person running away does not agree with that claim).
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