Second Regular Session 111th General Assembly (2000)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE ENROLLED ACT No. 1239
AN ACT to amend the Indiana Code concerning criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-41-1-4.3; (00)HE1239.1.1. -->
SECTION 1. IC 35-41-1-4.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2000]: Sec. 4.3. (a) "Bomb" means an explosive or incendiary
device
designed to release:
(1) destructive materials or force; or
(2) dangerous gases;
that is detonated by impact, proximity to an object, a timing
mechanism, a chemical reaction, ignition, or other predetermined
means.
(b) The term does not include the following:
(1) A firearm (as defined in IC 35-47-1-5) or the ammunition
or components for handloading ammunition for a firearm.
(2) Fireworks regulated under IC 22-11-14.
(3) Boating, railroad, and other safety flares.
(4) Propellants used in model rockets or similar hobby
activities.
(5) Commercially manufactured black powder in quantities
not to exceed fifty (50) pounds, percussion caps, safety and
pyrotechnic fuses, quills, quick and slow matches, and friction
primers intended to be used solely for sporting, recreational,
or cultural purposes in antique firearms or antique devices.
SOURCE: IC 35-41-1-6.6; (00)HE1239.1.2. -->
SECTION 2. IC 35-41-1-6.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2000]: Sec. 6.6. "Dangerous gas", for purposes of IC 35-41-1-4.3,
means a toxic chemical or its precursors that through chemical
action or properties on life processes cause death or permanent
injury to human beings. The term does not include the following:
(1) Riot control agents, smoke, and obscuration materials or
medical products that are manufactured, possessed,
transported, or used in accordance with the laws of the United
States and of this state.
(2) Tear gas devices designed to be carried on or about the
person that contain not more than one-half (1/2) ounce of the
chemical.
SOURCE: IC 35-47-5-8; (00)HE1239.1.3. -->
SECTION 3. IC 35-47-5-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 8. A person who owns
or possesses:
(1) a machine gun; or
(2) a bomb; loaded with either explosives or dangerous gases;
commits a Class C felony.
SOURCE: IC 35-47-5-9; (00)HE1239.1.4. -->
SECTION 4. IC 35-47-5-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 9. A person who:
(1) operates a loaded machine gun; or
(2) hurls,
or drops, places,
or detonates
a bomb; loaded with
either explosives or dangerous gases;
commits a Class B felony.
SOURCE: IC 35-47-5-10; (00)HE1239.1.5. -->
SECTION 5. IC 35-47-5-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 10. The provisions of
sections 8 or 9 of this chapter shall not be construed to apply to any of
the following:
(1) Members of the military or naval forces of the United States,
National Guard of Indiana, or Indiana State Guard, when on duty
or practicing.
(2) Machine guns or bombs kept for display as relics and which
are rendered harmless and not usable.
(3) Any of the law enforcement officers of this state or the United
States while acting in the furtherance of their duties.
(4) Persons lawfully engaged in the display, testing, or use of
fireworks.
(5) Agencies of state government.
(6) Persons permitted by law to engage in the business of
manufacturing, assembling, conducting research on, or testing
machine guns, bombs, airplanes, tanks, armored vehicles, or
ordnance equipment or supplies while acting within the scope of
such business.
(7) Persons possessing, or having applied to possess, machine
guns under applicable United States statutes. Such machine guns
must be transferred as provided in this article.
(8) Persons lawfully engaged in the manufacture,
transportation, distribution, use, or possession of any
material, substance, or device for the sole purpose of
industrial, agricultural, mining, construction, educational, or
any other lawful use.
HEA 1239 _ Concur
Figure
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