What is the correct definition of 'dangerous weapon' under 18 U.S.C. § 113(a)(3): (1) an object used in a manner likely to endanger life or inflict great bodily harm; or (2) an object capable of inflicting bodily injury?

QUESTION PRESENTED In 18 U.S.C. § 113(a)(3), Congress has proscribed assault with a dangerous weapon. But this statute does not define “dangerous weapon,” so the courts have done so. Many courts of appeals employ a strict definition: an object used in a manner likely to endanger life or inflict great bodily harm. This formulation places reasonable limits on which objects can qualify. Yet the Eighth Circuit is an outlier, employing a much broader definition: an object merely capable of inflicting any degree of bodily injury. This formulation places almost no limits on which objects can qualify. The question presented is: Of these two alternative definitions of “dangerous weapon” under 18 U.S.C. § 113(a)(3), which is correct: (1) an object used in a manner likely to endanger life or inflict great bodily harm; or (2) an object capable of inflicting bodily injury? i