Circumstances that are manifestly not appropriate for lawful use are present when the use of the weapon involves a threat to harm a person or a threat to cause damage to property. A concrete example of this is when a person is in possession of a paintball gun with the intent of shooting a car to deface the paint of the car. By their nature, paintball guns can be appropriately possessed, but when used for the purpose of defacing the surfaces of other people’s property, then possession of a paintball gun falls into the zone of “circumstances manifestly not appropriate for lawful use”. As a general rule, this criterion will be met if the surrounding circumstances dictated that the use was inappropriate.