> For the complete documentation index, see [llms.txt](https://dubs-docs.gitbook.io/tbd-rp-department-of-justice-legal-code/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://dubs-docs.gitbook.io/tbd-rp-department-of-justice-legal-code/unified-code-of-laws/title-6-penal-code/7-firearm-and-weapon-related-crimes/7-1-unlawful-possession-of-a-class-1-weapon.md).

# \[7] 1 - Unlawful Possession of a Class 1 Weapon

**Offense Classification:** **Misdemeanor**

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#### **Definition:**

This offense applies when an individual **knowingly possesses or carries a Class 1 weapon** without legal justification or proper licensing. Class 1 weapons include **melee weapons** and **pistols**, which are commonly used and easily concealable.

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#### **Class 1 Weapon Examples:**

* Pistols (standard semi-automatic handguns, revolvers)
* Melee weapons (brass knuckles, batons, knives with blades longer than 3 inches)

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#### **Elements of the Crime:**

* The individual **knowingly possessed or carried** a Class 1 weapon.
* The weapon was **not lawfully registered** or the individual was **not authorized to possess it** (e.g., underage, on parole, no concealed carry permit if required).
* The weapon was possessed in a **public space, vehicle, or location not exempted by law**.

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#### **Penalties:**

* **Jail Time:** Up to 6 months
* **Fine:** Up to $5,000
* **Weapon Confiscation:** Mandatory
* **Probation:** Optional, based on criminal history
* **Community Service:** Optional, based on court discretion

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#### **Aggravating Factors (May Enhance Charge to Felony):**

* Possession while **committing another offense**
* Possession in a **restricted zone** (e.g., school, government building)
* **Prior weapons offenses**

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#### **Related Charges:**

* **\[7] 2 - Unlawful Possession of a Class 2 Weapon**
* **\[7] 4 - Possession of a Firearm by a Convicted Felon**
* **\[7] 5 - Brandishing a Firearm or Weapon**
* **\[7] 14 - Defacing Serial Numbers on a Firearm** (if applicable)
* **\[3] 12 - Assault with a Deadly Weapon** (if used in violence)


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