IC 35-47.5-2-1 Definitions
Sec. 1. The definitions in this chapter apply throughout this
article. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-2 "Booby trap"
Sec. 2. "Booby trap" means a device meant to cause death or
bodily injury by:
(1) hiding the device; or
(2) activating the device by trip wires, switches,
antidisturbance, or other remote means. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-3 "Commission"
Sec. 3. "Commission" refers to the fire prevention and building
safety commission established by IC 22-12-2-1. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-4 "Destructive device"
Sec. 4. (a) "Destructive device" means:
(1) an explosive, incendiary, or overpressure device that is
configured as a:
(A) bomb;
(B) grenade;
(C) rocket with a propellant charge of more than four (4)
ounces;
(D) missile having an explosive or incendiary charge of
more than one-quarter (1/4) ounce;
(E) mine;
(F) Molotov cocktail; or
(G) device that is substantially similar to an item described
in clauses (A) through (F);
(2) a type of weapon that may be readily converted to expel a
projectile by the action of an explosive or other propellant
through a barrel that has a bore diameter of more than one-half
(1/2) inch; or
(3) a combination of parts designed or intended for use in the
conversion of a device into a destructive device.
(b) The term does not include the following:
(1) A pistol, rifle, shotgun, or weapon suitable for sporting or
personal safety purposes or ammunition.
(2) A device that is neither designed nor redesigned for use as
a weapon.
(3) A device that, although originally designed for use as a
weapon, is redesigned for use as a signaling, pyrotechnic, line
throwing, safety, or similar device.
(4) A surplus military ordnance sold, loaned, or given by
authority of the appropriate official of the United States
Department of Defense. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-5 "Detonator"
Sec. 5. "Detonator" means a device containing a detonating charge
that is used to initiate detonation in an explosive, including the
following:
(1) Electric blasting caps.
(2) Blasting caps for use with safety fuses.
(3) Detonating cord delay connectors.
(4) Blasting caps for use with a shock tube.
(5) Improvised devices designed to function as a detonator. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-6 "Distribute"
Sec. 6. "Distribute" means the actual, constructive, or attempted
transfer from one (1) person to another. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-7 "Explosives"
Sec. 7. "Explosives" means a chemical compound or other
substance or mechanical system intended to produce an explosion
capable of causing injury to persons or damage to property or
containing oxidizing and combustible units or other ingredients in
such proportions or quantities that ignition, fire, friction, concussion,
percussion, or detonation may produce an explosion capable of
causing injury to persons or damage to property, including the
substances designated in IC 35-47.5-3. The term does not include the
following:
(1) A model rocket and model rocket engine designed, sold, and
used to propel recoverable aero models.
(2) A paper cap in which the explosive content does not average
more than twenty-five hundredths (0.25) grains of explosive
mixture per paper cap for toy pistols, toy cannons, toy canes,
toy guns, or other devices using paper caps unless the paper cap
is used as a component of a destructive device. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-8 "Hoax device"; "replica"
Sec. 8. "Hoax device" or "replica" means a device or article that
has the appearance of a destructive device or detonator.
As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-9 "Incendiary"
Sec. 9. "Incendiary" means a flammable liquid or compound with
a flash point not greater than one hundred fifty (150) degrees
Fahrenheit, as determined by a Tagliabue or an equivalent closed cup
device, including gasoline, kerosene, fuel oil, or a derivative of these
substances. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-10 "Division"
Sec. 10. "Division" refers to the division of fire and building
safety. As added by P.L.123-2002, SEC.50. Amended by P.L.1-2006,
SEC.539.
IC 35-47.5-2-11 "Overpressure device"
Sec. 11. "Overpressure device" means:
(1) a frangible container filled with an explosive gas or
expanding gas that is designed or constructed to cause the
container to break or fracture in a manner that is capable of
causing death, bodily harm, or property damage; or
(2) a container filled with an explosive gas or expanding gas or
chemicals that generate an expanding gas. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-12 "Property"
Sec. 12. "Property" means real or personal property of any kind,
including money, choses in action, and other similar interests in
property. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-13 "Regulated explosive"
Sec. 13. (a) "Regulated explosive" includes:
(1) a destructive device; and
(2) an explosive.
(b) The term does not include the following:
(1) An explosive in a manufactured article that is designed and
packaged in a manner that is likely to prevent an explosion
resulting in property damage or personal injury. A
manufactured article to which this subdivision applies includes
fixed ammunition for small arms, a firework, and a safety fuse
match.
(2) Gasoline, kerosene, naphtha, turpentine, or benzine.
(3) An explosive that is being transported on or in a vessel,
railroad car, or highway vehicle in conformity with the
regulations adopted by the United States Department of
Transportation.
(4) A blasting explosive that is transported or used for
agricultural purposes and that is in a quantity that does not
exceed two hundred (200) pounds.
(5) Ammonium nitrate or other explosive compounds kept for
mining purposes at coal mines regulated under IC 14-34. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-1 Definitions
Sec. 1. The definitions in this chapter apply throughout this
article. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-2 "Booby trap"
Sec. 2. "Booby trap" means a device meant to cause death or
bodily injury by:
(1) hiding the device; or
(2) activating the device by trip wires, switches,
antidisturbance, or other remote means. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-3 "Commission"
Sec. 3. "Commission" refers to the fire prevention and building
safety commission established by IC 22-12-2-1. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-4 "Destructive device"
Sec. 4. (a) "Destructive device" means:
(1) an explosive, incendiary, or overpressure device that is
configured as a:
(A) bomb;
(B) grenade;
(C) rocket with a propellant charge of more than four (4)
ounces;
(D) missile having an explosive or incendiary charge of
more than one-quarter (1/4) ounce;
(E) mine;
(F) Molotov cocktail; or
(G) device that is substantially similar to an item described
in clauses (A) through (F);
(2) a type of weapon that may be readily converted to expel a
projectile by the action of an explosive or other propellant
through a barrel that has a bore diameter of more than one-half
(1/2) inch; or
(3) a combination of parts designed or intended for use in the
conversion of a device into a destructive device.
(b) The term does not include the following:
(1) A pistol, rifle, shotgun, or weapon suitable for sporting or
personal safety purposes or ammunition.
(2) A device that is neither designed nor redesigned for use as
a weapon.
(3) A device that, although originally designed for use as a
weapon, is redesigned for use as a signaling, pyrotechnic, line
throwing, safety, or similar device.
(4) A surplus military ordnance sold, loaned, or given by
authority of the appropriate official of the United States
Department of Defense. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-5 "Detonator"
Sec. 5. "Detonator" means a device containing a detonating charge
that is used to initiate detonation in an explosive, including the
following:
(1) Electric blasting caps.
(2) Blasting caps for use with safety fuses.
(3) Detonating cord delay connectors.
(4) Blasting caps for use with a shock tube.
(5) Improvised devices designed to function as a detonator. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-6 "Distribute"
Sec. 6. "Distribute" means the actual, constructive, or attempted
transfer from one (1) person to another. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-7 "Explosives"
Sec. 7. "Explosives" means a chemical compound or other
substance or mechanical system intended to produce an explosion
capable of causing injury to persons or damage to property or
containing oxidizing and combustible units or other ingredients in
such proportions or quantities that ignition, fire, friction, concussion,
percussion, or detonation may produce an explosion capable of
causing injury to persons or damage to property, including the
substances designated in IC 35-47.5-3. The term does not include the
following:
(1) A model rocket and model rocket engine designed, sold, and
used to propel recoverable aero models.
(2) A paper cap in which the explosive content does not average
more than twenty-five hundredths (0.25) grains of explosive
mixture per paper cap for toy pistols, toy cannons, toy canes,
toy guns, or other devices using paper caps unless the paper cap
is used as a component of a destructive device. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-8 "Hoax device"; "replica"
Sec. 8. "Hoax device" or "replica" means a device or article that
has the appearance of a destructive device or detonator.
As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-9 "Incendiary"
Sec. 9. "Incendiary" means a flammable liquid or compound with
a flash point not greater than one hundred fifty (150) degrees
Fahrenheit, as determined by a Tagliabue or an equivalent closed cup
device, including gasoline, kerosene, fuel oil, or a derivative of these
substances. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-10 "Division"
Sec. 10. "Division" refers to the division of fire and building
safety. As added by P.L.123-2002, SEC.50. Amended by P.L.1-2006,
SEC.539.
IC 35-47.5-2-11 "Overpressure device"
Sec. 11. "Overpressure device" means:
(1) a frangible container filled with an explosive gas or
expanding gas that is designed or constructed to cause the
container to break or fracture in a manner that is capable of
causing death, bodily harm, or property damage; or
(2) a container filled with an explosive gas or expanding gas or
chemicals that generate an expanding gas. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-12 "Property"
Sec. 12. "Property" means real or personal property of any kind,
including money, choses in action, and other similar interests in
property. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-13 "Regulated explosive"
Sec. 13. (a) "Regulated explosive" includes:
(1) a destructive device; and
(2) an explosive.
(b) The term does not include the following:
(1) An explosive in a manufactured article that is designed and
packaged in a manner that is likely to prevent an explosion
resulting in property damage or personal injury. A
manufactured article to which this subdivision applies includes
fixed ammunition for small arms, a firework, and a safety fuse
match.
(2) Gasoline, kerosene, naphtha, turpentine, or benzine.
(3) An explosive that is being transported on or in a vessel,
railroad car, or highway vehicle in conformity with the
regulations adopted by the United States Department of
Transportation.
(4) A blasting explosive that is transported or used for
agricultural purposes and that is in a quantity that does not
exceed two hundred (200) pounds.
(5) Ammonium nitrate or other explosive compounds kept for
mining purposes at coal mines regulated under IC 14-34. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-1 Definitions
Sec. 1. The definitions in this chapter apply throughout this
article. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-2 "Booby trap"
Sec. 2. "Booby trap" means a device meant to cause death or
bodily injury by:
(1) hiding the device; or
(2) activating the device by trip wires, switches,
antidisturbance, or other remote means. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-3 "Commission"
Sec. 3. "Commission" refers to the fire prevention and building
safety commission established by IC 22-12-2-1. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-4 "Destructive device"
Sec. 4. (a) "Destructive device" means:
(1) an explosive, incendiary, or overpressure device that is
configured as a:
(A) bomb;
(B) grenade;
(C) rocket with a propellant charge of more than four (4)
ounces;
(D) missile having an explosive or incendiary charge of
more than one-quarter (1/4) ounce;
(E) mine;
(F) Molotov cocktail; or
(G) device that is substantially similar to an item described
in clauses (A) through (F);
(2) a type of weapon that may be readily converted to expel a
projectile by the action of an explosive or other propellant
through a barrel that has a bore diameter of more than one-half
(1/2) inch; or
(3) a combination of parts designed or intended for use in the
conversion of a device into a destructive device.
(b) The term does not include the following:
(1) A pistol, rifle, shotgun, or weapon suitable for sporting or
personal safety purposes or ammunition.
(2) A device that is neither designed nor redesigned for use as
a weapon.
(3) A device that, although originally designed for use as a
weapon, is redesigned for use as a signaling, pyrotechnic, line
throwing, safety, or similar device.
(4) A surplus military ordnance sold, loaned, or given by
authority of the appropriate official of the United States
Department of Defense. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-5 "Detonator"
Sec. 5. "Detonator" means a device containing a detonating charge
that is used to initiate detonation in an explosive, including the
following:
(1) Electric blasting caps.
(2) Blasting caps for use with safety fuses.
(3) Detonating cord delay connectors.
(4) Blasting caps for use with a shock tube.
(5) Improvised devices designed to function as a detonator. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-6 "Distribute"
Sec. 6. "Distribute" means the actual, constructive, or attempted
transfer from one (1) person to another. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-7 "Explosives"
Sec. 7. "Explosives" means a chemical compound or other
substance or mechanical system intended to produce an explosion
capable of causing injury to persons or damage to property or
containing oxidizing and combustible units or other ingredients in
such proportions or quantities that ignition, fire, friction, concussion,
percussion, or detonation may produce an explosion capable of
causing injury to persons or damage to property, including the
substances designated in IC 35-47.5-3. The term does not include the
following:
(1) A model rocket and model rocket engine designed, sold, and
used to propel recoverable aero models.
(2) A paper cap in which the explosive content does not average
more than twenty-five hundredths (0.25) grains of explosive
mixture per paper cap for toy pistols, toy cannons, toy canes,
toy guns, or other devices using paper caps unless the paper cap
is used as a component of a destructive device. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-8 "Hoax device"; "replica"
Sec. 8. "Hoax device" or "replica" means a device or article that
has the appearance of a destructive device or detonator.
As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-9 "Incendiary"
Sec. 9. "Incendiary" means a flammable liquid or compound with
a flash point not greater than one hundred fifty (150) degrees
Fahrenheit, as determined by a Tagliabue or an equivalent closed cup
device, including gasoline, kerosene, fuel oil, or a derivative of these
substances. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-10 "Division"
Sec. 10. "Division" refers to the division of fire and building
safety. As added by P.L.123-2002, SEC.50. Amended by P.L.1-2006,
SEC.539.
IC 35-47.5-2-11 "Overpressure device"
Sec. 11. "Overpressure device" means:
(1) a frangible container filled with an explosive gas or
expanding gas that is designed or constructed to cause the
container to break or fracture in a manner that is capable of
causing death, bodily harm, or property damage; or
(2) a container filled with an explosive gas or expanding gas or
chemicals that generate an expanding gas. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-12 "Property"
Sec. 12. "Property" means real or personal property of any kind,
including money, choses in action, and other similar interests in
property. As added by P.L.123-2002, SEC.50.
IC 35-47.5-2-13 "Regulated explosive"
Sec. 13. (a) "Regulated explosive" includes:
(1) a destructive device; and
(2) an explosive.
(b) The term does not include the following:
(1) An explosive in a manufactured article that is designed and
packaged in a manner that is likely to prevent an explosion
resulting in property damage or personal injury. A
manufactured article to which this subdivision applies includes
fixed ammunition for small arms, a firework, and a safety fuse
match.
(2) Gasoline, kerosene, naphtha, turpentine, or benzine.
(3) An explosive that is being transported on or in a vessel,
railroad car, or highway vehicle in conformity with the
regulations adopted by the United States Department of
Transportation.
(4) A blasting explosive that is transported or used for
agricultural purposes and that is in a quantity that does not
exceed two hundred (200) pounds.
(5) Ammonium nitrate or other explosive compounds kept for
mining purposes at coal mines regulated under IC 14-34. As added by P.L.123-2002, SEC.50.
