Unlawful weapons?

[Dan81]

So I'm trying to figure out what to do while not getting myself into even more trouble...

I have a couple of Piexon JPX Protectors which are non-lethal pyrotechnical pepperspray guns that I now believe may be unlawful for me to possess since depending on how you look at it they could be considered firearms, even if nonlethal. I'm a non-resident alien so my understanding is that possessing any type of firearm whatsoever is considered a felony. I never intended to break the law, I used to work in the defense industry and originally purchased them for a relative who was dealing with the overseas manufacturer and wanted me to get them for a potential US distributor. I obviously made a stupid decision that I am afraid could lead to some serious trouble down the road.

I also own an automatic switchblade that was given to me as a present. I obviously should've read up on it before accepting the gift but I now know that in VA mere possession is considered a Class 4 misdemeanor.

What is the best course of action? I was thinking of just turning the items in at the local police station but realize that this may be a very stupid idea. I guess most people would just throw the weapons away but I don't want to risk the wrong person getting their hands on it either. Third option would've been to just keep them but considering that I am getting evicted at the end of the month and will have to leave the country soon that's not an option.

I never intended to commit any crime, especially being a guest in this country, yet I also know that intent is probably not relevant in this case.

[Samuel]

So I'm trying to figure out what to do while not getting myself into even more trouble...

I have a couple of Piexon JPX Protectors which are non-lethal pyrotechnical pepperspray guns that I now believe may be unlawful for me to possess since depending on how you look at it they could be considered firearms, even if nonlethal. I'm a non-resident alien so my understanding is that possessing any type of firearm whatsoever is considered a felony. I never intended to break the law, I used to work in the defense industry and originally purchased them for a relative who was dealing with the overseas manufacturer and wanted me to get them for a potential US distributor. I obviously made a stupid decision that I am afraid could lead to some serious trouble down the road.

I also own an automatic switchblade that was given to me as a present. I obviously should've read up on it before accepting the gift but I now know that in VA mere possession is considered a Class 4 misdemeanor.

What is the best course of action? I was thinking of just turning the items in at the local police station but realize that this may be a very stupid idea. I guess most people would just throw the weapons away but I don't want to risk the wrong person getting their hands on it either. Third option would've been to just keep them but considering that I am getting evicted at the end of the month and will have to leave the country soon that's not an option.

I never intended to commit any crime, especially being a guest in this country, yet I also know that intent is probably not relevant in this case.

Where did you get "pyrotechnical" from? "pyrotechnical" would suggest LETHAL potential - i.e. a flamethrower

how would you or anyone else "look at it" so that this piece of equipment "could be considered a firearm"??? (look up definition of a "firearm")

What brand/model is your switchblade?

[Dan81]

It uses a 14 mm cartridge rather than compressed gas as a propellant so at close enough range it probably does have lethal potential, even if there is no bullet. Maybe I'm just overly paranoid, I have screwed up just about every aspect of my life lately and am just trying to assess the damage I have done.

The knife is the Pro-Tech Godfather 921 SWAT.

[Samuel]

The 14mm cartridge is gunpowder based?

[Dan81]

Yes, it's gunpowder based. It's essentially a blank round sitting behind the liquid OC payload. I don't know where that puts it legally...

[Samuel]

Ah, ok. If that is the case, yes, you Could make the argument to classify it as a "firearm". Do you have a link or a quote for the actual code/statute that makes it a felony for a non-resident alien to possess a firearm? Also, do you have a link or a quote for the switchblade section as well? ETA: re-read 18.2-308 ...

Btw, your Protech is pretty nice. I'd hate to see you have to part with it. I just picked up a basic TR4 from Dave a few weeks ago - his shop is only a few miles away from my work...

[Dan81]

ATF Publication 5300.18 states that:

A nonimmigrant alien generally MAY NOT purchase a firearm from an FFL and take possession of the firearm in the United States. If you violate this prohibition, you could receive a maximum of 5 or 10 years of imprisonment, depending on the violation.

and

A nonimmigrant alien generally MAY NOT purchase ammunition from an FFL or a nonlicensee to possess in the United States. If you violate this prohibition, you could receive a maximum of 10 years of imprisonment.

That's just the federal side... There are some exceptions to this but none seem to apply in my case. State laws are pretty much the same as far as I know so you see my dilemma. Personally I think it's somewhat ridiculous how severe these penalties are, I have lived in the US for 10 years now, jumped through all the immigration hoops and spent the last 6 years working in the defense industry in support of the U.S. military yet the law would view me pretty much the same as someone who came here illegally who's out to commit violent crimes...

[Dan81]

Regarding the knife, this seems to apply:

§ 18.2-311. Prohibiting the selling or having in possession blackjacks, etc.

If any person sells or barters, or exhibits for sale or for barter, or gives or furnishes, or causes to be sold, bartered, given or furnished, or has in his possession, or under his control, with the intent of selling, bartering, giving or furnishing, any blackjack, brass or metal knucks, any disc of whatever configuration having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, switchblade knife, ballistic knife, or like weapons, such person shall be guilty of a Class 4 misdemeanor. The having in one's possession of any such weapon shall be prima facie evidence, except in the case of a conservator of the peace, of his intent to sell, barter, give or furnish the same.

[Samuel]

Regarding the knife, this seems to apply:

§ 18.2-311. Prohibiting the selling or having in possession blackjacks, etc.

If any person sells or barters, or exhibits for sale or for barter, or gives or furnishes, or causes to be sold, bartered, given or furnished, or has in his possession, or under his control, with the intent of selling, bartering, giving or furnishing, any blackjack, brass or metal knucks, any disc of whatever configuration having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, switchblade knife, ballistic knife, or like weapons, such person shall be guilty of a Class 4 misdemeanor. The having in one's possession of any such weapon shall be prima facie evidence, except in the case of a conservator of the peace, of his intent to sell, barter, give or furnish the same.

Do you intend to do any of those things? If not, how would you argue or prove that you were simply collecting and did not intend to sell, barter, give, or furnish?

[Dan81]

No, those are not my intent. But reading the last sentence "The having in one's possession of any such weapon shall be prima facie evidence.... of his intent..." it seems to be a presumed guilty until proven innocent scenario.

[Samuel]

Right, that's why I asked you how you would argue the contrary. Do you still have your receipt? How long have you owned it? etc...

[Dan81]

It was a gift so I don't have a receipt. Not sure exactly how long I've had it, probably about a year. Thanks by the way for taking your time to respond to me, you must probably think I'm nuts for not just throwing the items away. I don't mean harm to anyone and sometimes I'm just too honest for my own good, unfortunately it never fails to get me into trouble...

[basher52]

Dan81,

I understand you were working in the defense industry, but one has to ask, how did you get the pepper spray devices in the first place?????

[Dan81]

The local FFL dealer ordered them for me. I advised them of my immigration status and they didn't seem to think it was an issue. Then again, while that particular gun store is closely working with and even providing training to local law enforcement they once even allowed me to buy ammunition when I enrolled in their gun-safety course. At the time I didn't realize that this too could be a problem and was under the mistaken belief that a CCW permit would allow foreign nationals to own firearms which it seems would have been true for state but not federal law. I am glad I didn't make the mistake of buying a gun and did my additional research before applying for the CCW or I could have gotten them as well as myself in trouble. All this just gets unbelievably complicated when you end up mixing State, Federal, and immigration laws and it seems that even most professionals don't really know where it leaves them. Somewhat scary too, from my experience a foreign national with bad intentions probably wouldn't have much trouble obtaining firearms. I wish the government would provide clearer guidance, though I have to say having worked in the defense industry I came across much crazier things with, this is nothing compared to the mess of the State Department's International Traffic in Arms Regulations. It gets so crazy that at times I couldn't be shown a product's user manual for a foreign-made weapon system even thought it was freely available on the Internet and then to the extreme contrary I had USNA officers show me around a nuclear-powered aircraft carrier that would've as I later learned not allowed yet they accompanied me through 4 security checkpoints to get on and no one batted an eye. At this point I'd almost advise any foreign national to a law degree prior to even thinking of having anything to do with weapons or the military, all the burden seems to be on the individual even though that makes very little sense, at best it'll keep an honest man honest but it certainly won't stop anyone with bad intentions.

Dan81,

I understand you were working in the defense industry, but one has to ask, how did you get the pepper spray devices in the first place?????

[icu650]

Why don't you put the switch blade in a vise and destroy it. Dispose of it safely. As far as the JPX Protectors, I would contact a local attorney and tell him of your situation and surrender them to him. He then can donate it to the police, keep them, sell them or whatever. I know this could cost a couple of bucks but the only other thing I can think of is fire off the cartridges into a safe container and nullify there usefulness. Then smash the frame and throw it out then dispose of the cartridges as recommend in the manual. I am sure someone may have a better way to deal with this, they are nice items, but this is my best answer.