Arms used in the committing an offense include only that which is recognized as a dangerous weapon.

Explanation

(English-origin maxim.) The term "arms" in the context of criminal offenses is limited to instruments recognized at common law as dangerous weapons — ordinary tools, household implements, or objects not inherently dangerous cannot be classified as "arms" merely because they were present during an offense, and any statute that expands this definition beyond its common law meaning encroaches upon the right of the People to keep and bear arms.

Where this applies

• A defendant is charged with 'armed robbery' for threatening a store clerk with a baseball bat, and the court rules that a baseball bat is not a 'dangerous weapon' in the arms context because it is an ordinary sporting implement, not inherently dangerous.
• A man is charged with assault with a deadly weapon for throwing a shoe at someone, and the court dismisses the weapons enhancement because a shoe is not recognized as a dangerous weapon under this principle.
• A defendant brandishes a kitchen knife during a domestic dispute and is charged with a weapons offense, and the court considers whether an ordinary household utensil qualifies as a 'dangerous weapon' recognized under the law of arms.