TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 33

FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS

18-3318.  Definitions. Definitions as used in sections 18-3319, 18-3319A, 18-3320, 18-3320A and 18-3321, Idaho Code:

(1)  "Bomb" means any chemical or mixture of chemicals contained in such a manner that it can be made to explode with fire or force, and combined with the method or mechanism intended to cause its explosion. The term includes components of a bomb only when the individual charged has taken steps to place the components in proximity to each other, or has partially assembled components from which a completed bomb can be readily assembled. "Bomb" does not include: rifle, pistol or shotgun ammunition and their components; fireworks; boating, railroad and other safety flares or propellants used in model rockets or similar hobby activities.

(2)  "Destructive device" means:

(a)  Any explosive, incendiary or poisonous gas:

(i)   Bomb;

(ii)  Grenade;

(iii) Rocket having a propellant charge of more than four (4) ounces;

(iv)  Missile having an explosive or incendiary charge of more than one-fourth (1/4) ounce;

(v)   Mine;

(vi)  Similar device.

(b)  Any type of weapon, by whatever name known, which will, or which may be imminently converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than .700 inches in diameter, except rifled and unrifled shotguns or shotgun shells.

(c)  Components of a destructive device only when the individual charged has taken steps to place the components in proximity to each other, or has partially assembled components from which a completed destructive device can be readily assembled.

(d)  The term "destructive device" shall not include:

(i)   Any device which is neither designed nor redesigned for use as a weapon;

(ii)  Any device which, although originally designed for use as a weapon, has been redesigned for use as a signaling, pyrotechnic, line throwing, safety or similar device;

(iii) Otherwise lawfully owned surplus military ordnance;

(iv)  Antiques or reproductions thereof and rifles held for sporting, recreational, investment or display purposes;

(v)   Rifle, pistol or shotgun ammunition and their components.

(3)  "Hoax destructive device" means any object that:

(a)  Under the circumstances, reasonably appears to be a destructive device as defined in subsection (2) of this section, but is an inoperative imitation of a destructive device; or

(b)  Is proclaimed to contain a destructive device as defined in subsection (2) of this section, but does not in fact contain a destructive device.

(4)  "Shrapnel" means any metal, ceramic, glass, hard plastic or other material of sufficient hardness to puncture human skin when propelled by force of the bomb or destructive device to which it is attached or in which it is contained.

History:

[18-3318, added 1997, ch. 272, sec. 1, p. 796; am. 2001, ch. 256, sec. 1, p. 922; am. 2010, ch. 261, sec. 1, p. 662.]