not sure on this one. if you are OC and accidentally or even intentionally commit a crime and you are armed - can the possesion of a weapon legally casrried during the commision of the offense be tacked on?
here's the situation i ran into. after work i stopped off at walmart to grab some things. OC of course. after i checked out i went to put stuff in my jeep. it was only then that i noticed that an item (sinus medication) wasn't bagged and receipt showed i didn't pay for it. i returned in the store and paid at self checkout as i did before. the cashier running self checkout remembered me from 3 minutes earlier and asked what happened and told him i didn't see it and came in to pay. he thanked me for my honesty and i left. if leaving the initial time and was confronted by walmart security or whoever and was accused of the theft would my firearm automatically be a kicker on top of the charge? it wouldn't have been used to effect the commision.
quick legal lesson - all crimes are attached a culpable mental state. intentionally, knowingly, recklessly or carelessly. i guess mine would have been carelessly but commited anyway. rather than a simple theft charge to defend i may have had to defend against the automatic 2 year sentence for the handgun on me legal carry or not. if nothing else i was a good, honest example of OC to the store manager who was standing there when i returned.
any simple little thing could put us in that situation.
any ideas?