For purposes of this chapter unless the context otherwise requires:

(1)  “Destructive or incendiary device or substance” means an explosive, article or device designed or adapted to cause physical harm to persons or property by means of fire, explosion, deflagration, or detonation and consisting of any substance capable of being ignited, whether or not contrived to ignite or explode automatically.

(2)  “Explosive” means any chemical compound, mechanical mixture, or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound, mixture, or device, or any part thereof, may cause an explosion; any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion; the term includes, but is not limited to, high and low explosives, black powder, smokeless powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, igniters; and other materials that are classified as Division 1.1, 1.2, 1.3, 1.4, 1.5 or 1.6 explosives by the United States Department of Transportation or listed pursuant to 18 U.S.C. § 841 or 27 C.F.R. § 555.23. “Explosive” shall not include a pyrotechnic, small-arms ammunition, small-arms ammunition primers, smokeless powder and black powders possessed in quantities allowable by law pursuant to § 23-28.28-5 unless possessed or used for an illegal purpose.

(3)  “Hoax explosive,” “hoax destructive or incendiary device or substance,” or “hoax chemical, biological, or nuclear weapon” means any device, article, or substance that would cause a person to reasonably believe that the device, article, or substance is: (i) An explosive; (ii) A destructive or incendiary device or substance; or (iii) A chemical, biological, or nuclear weapon, harmful radioactive substance or poison capable of causing bodily injury that is actually an inoperable facsimile.

(4)  “Oxidizer” means a substance that yields oxygen readily to stimulate the combustion of organic matter or other fuel.

(5)  “Places” means to set or put in a particular space.

(6)  “Pyrotechnic” means any commercially manufactured combustible or explosive composition or manufactured article designed and prepared for the purpose of producing an audible effect or a visible display including, but not limited to: (i) Fireworks, firecrackers; and (ii) Flares, fuses and torpedoes, so-called, and similar signaling devices.

(7)  “Readily converted” means any combination of components that have been brought together in a manner for assembly that is designed or adapted to cause physical harm to persons or property by means of fire, explosion, deflagration, or detonation but are not yet in a completed stage. Elements to determine whether an item is “readily converted” include, but are not limited to: (i) Time required to convert the components; (ii) Ease of conversion; (iii) Expertise needed; (iv) Necessary equipment; (v) Availability of parts and the ease in which they can be obtained; (vi) Expense; (vii) Scope to which the item(s) have already been modified; and (viii) Feasibility.

(8)  “Small-arms ammunition” means any shotgun, rifle, pistol, or revolver cartridge and cartridges for propellant-actuated power devices and industrial guns.

History of Section.
P.L. 2018, ch. 232, § 2; P.L. 2018, ch. 281, § 2.