Read the following excerpt from a US court opinion:
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as defined in section 790.001(13). A “weapon” is defined in section 790.001(13) as “any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon.” § 790.001(13), Fla. Stat. (2008) (emphasis added). Again, since a BB gun is not enumerated, in order to be prohibited under section 790.115(2), the subsection charged, it must be a deadly weapon. See Hutchinson v. State, 816 So.2d 1186, 1187 (Fla. 2d DCA 2002) (reversing conviction for robbery with a weapon, to wit a starter pistol, because the starter pistol did not fall within the definition of weapon supplied in section 790.001(13), unless the pistol was considered deadly, and there was no evidence to support such a finding); Mitchell v. State, 698 So.2d 555, 559-60 (Fla. 2d DCA) , approved, 703 So.2d 1062 (Fla.1997). “A
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What is the most suitable continuation to the opinion? Your options are:
A. holding that an unloaded gun used in the commission of an aggravated assault is a deadly weapon
B. holding that a bb gun is not a firearm and thus falls within chapter 790s definition of weapon only if it is an other deadly weapon
C. recognizing that deadly weapon finding may be made even when weapon used is unknown
D. holding hand can be deadly weapon
E. holding that pencil was deadly weapon
Reply with [A, B, C, D, E] only.