Thanks for the info Bill. While we're going down the CC road we will catch questions that will make us say, hhmmmm. "Can felons carry guns now?" That's an easy one, "not legally".I think what Kirk is pointing out is that the law is:
And as such, the change to Constitutional Carry would make no difference.
The person committing the criminal act of taking another's property by use or threat of force is committing a crime. If he is armed, there is an increase in the severity of the crime.
I know that when a parent brings a small child to the ED with a fever, some of my co-workers over the years have been known to roll their eyes, thinking or saying, "why didn't they give some tylenol or motrin?" or "why is the child still wearing fleece pajamas with feet!?" They forget that what to us is commonplace and routine because we deal with it all the time, is to that parent an emergency (and at times, it *does* mean that a little more will be done, such as testing for and treating infections, but much of that, other than the urgent issue of "well he has a high fever right now!" can be addressed in the doctor's office, and the fever can usually be handled at home, by the same means we're going to use: get them out of that warm sleeper that's keeping heat in and give them tylenol and motrin.) What does this paragraph have to do with the subject? Simple:
I think that sometimes, things which we know well, we forget that others may not. Kirk knows the law and knows it very well. He may sometimes discuss things here in a tone that pre-supposes that the rest of us share that familiarity with it. That's not a failing, and it's one reason that Kirk is high on my short list of people to call if I do ever need someone who knows the law that intimately. It can be a little frustrating to talk with people who, when you're looking for an explanation of something specific, sound like they're speaking in riddles when they're actually just giving you credit for knowing what they know.
Kelly, if I understand the original question, your son was asking based on the belief that "robbery" and "armed robbery" were two different sections of the IC, but they are not. The CWOL would not be chargeable, as it would no longer be a criminal act is all. It's still a crime to rob, and it is worse in the eyes of the law to do so while in possession of a deadly weapon.
I hope that helps, both with the original question and with Kirk's question ("Why would it?") as well.
Blessings,
Bill