13-3101 - Definitions
13-3101. Definitions
A. In this chapter, unless the context otherwise requires:
1. "Deadly weapon" means anything that is designed for lethal use. The term
includes a firearm.
2. "Deface" means to remove, alter or destroy the manufacturer's serial number.
3. "Explosive" means any dynamite, nitroglycerine, black powder, or other similar
explosive material, including plastic explosives. Explosive does not include ammunition
or ammunition components such as primers, percussion caps, smokeless powder, black powder
and black powder substitutes used for hand loading purposes.
4. "Firearm" means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun
or other weapon that will expel, is designed to expel or may readily be converted to
expel a projectile by the action of an explosive. Firearm does not include a firearm in
permanently inoperable condition.
5. "Improvised explosive device" means a device that incorporates explosives or
destructive, lethal, noxious, pyrotechnic or incendiary chemicals and that is designed to
destroy, disfigure, terrify or harass.
6. "Occupied structure" means any building, object, vehicle, watercraft, aircraft
or place with sides and a floor that is separately securable from any other structure
attached to it, that is used for lodging, business, transportation, recreation or storage
and in which one or more human beings either are or are likely to be present or so near
as to be in equivalent danger at the time the discharge of a firearm occurs. Occupied
structure includes any dwelling house, whether occupied, unoccupied or vacant.
7. "Prohibited possessor" means any person:
(a) Who has been found to constitute a danger to himself or to others pursuant to
court order under section 36-540, and whose court ordered treatment has not been
terminated by court order.
(b) Who has been convicted within or without this state of a felony or who has been
adjudicated delinquent for a felony and whose civil right to possess or carry a gun or
firearm has not been restored.
(c) Who is at the time of possession serving a term of imprisonment in any
correctional or detention facility.
(d) Who is at the time of possession serving a term of probation pursuant to a
conviction for a domestic violence offense as defined in section 13-3601 or a felony
offense, parole, community supervision, work furlough, home arrest or release on any
other basis or who is serving a term of probation or parole pursuant to the interstate
compact under title 31, chapter 3, article 4.
(e) Who is an undocumented alien or a nonimmigrant alien traveling with or without
documentation in this state for business or pleasure or who is studying in this state and
who maintains a foreign residence abroad. This subdivision does not apply to:
(i) Nonimmigrant aliens who possess a valid hunting license or permit that is
lawfully issued by a state in the United States.
(ii) Nonimmigrant aliens who enter the United States to participate in a
competitive target shooting event or to display firearms at a sports or hunting trade
show that is sponsored by a national, state or local firearms trade organization devoted
to the competitive use or other sporting use of firearms.
(iii) Certain diplomats.
(iv) Officials of foreign governments or distinguished foreign visitors who are
designated by the United States department of state.
(v) Persons who have received a waiver from the United States attorney general.
8. "Prohibited weapon":
(a) Includes the following:
(i) An item that is a bomb, grenade, rocket having a propellant charge of more than
four ounces or mine and that is explosive, incendiary or poison gas.
(ii) A device that is designed, made or adapted to muffle the report of a firearm.
(iii) A firearm that is capable of shooting more than one shot automatically,
without manual reloading, by a single function of the trigger.
(iv) A rifle with a barrel length of less than sixteen inches, or shotgun with a
barrel length of less than eighteen inches, or any firearm that is made from a rifle or
shotgun and that, as modified, has an overall length of less than twenty-six inches.
(v) An instrument, including a nunchaku, that consists of two or more sticks,
clubs, bars or rods to be used as handles, connected by a rope, cord, wire or chain, in
the design of a weapon used in connection with the practice of a system of self-defense.
(vi) A breakable container that contains a flammable liquid with a flash point of
one hundred fifty degrees Fahrenheit or less and that has a wick or similar device
capable of being ignited.
(vii) A chemical or combination of chemicals, compounds or materials, including dry
ice, that is possessed or manufactured for the purpose of generating a gas to cause a
mechanical failure, rupture or bursting or an explosion or detonation of the chemical or
combination of chemicals, compounds or materials.
(viii) An improvised explosive device.
(ix) Any combination of parts or materials that is designed and intended for use in
making or converting a device into an item set forth in item (i), (vi) or (viii) of this
subdivision.
(b) Does not include:
(i) Any fireworks that are imported, distributed or used in compliance with state
laws or local ordinances.
(ii) Any propellant, propellant actuated devices or propellant actuated industrial
tools that are manufactured, imported or distributed for their intended purposes.
(iii) A device that is commercially manufactured primarily for the purpose of
illumination.
B. The items set forth in subsection A, paragraph 8, subdivision (a), items (i),
(ii), (iii) and (iv) of this section do not include any firearms or devices that are
registered in the national firearms registry and transfer records of the United States
treasury department or any firearm that has been classified as a curio or relic by the
United States treasury department.
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