State v. Fennell

BECTON, Judge.

On 10 June 1988, defendant, Jeffrey Fennell, was convicted of possession of a “weapon of mass death and destruction,” in violation of N.C. Gen. Stat. Sec. 14-288.8, and was sentenced to five years imprisonment. Fennell appeals, contending that the trial judge erred by: (1) denying his motion to dismiss on the ground that the charges abridged his constitutional right to bear arms; (2) denying his motion to dismiss because the State failed to show that the firearm was operable as a weapon of mass death and destruction; and (3) failing to instruct the jury that a weapon which will…