State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-288_20

§ 14‑288.20.  Certainweapons at civil disorders.

(a)        The definitions inG.S. 14‑288.1 do not apply to this section.  As used in this section:

(1)        The term "civildisorder" means any public disturbance involving acts or violence byassemblages of three or more persons, which causes an immediate danger ofdamage or injury to the property or person of any other individual or resultsin damage or injury to the property or person of any other individual.

(2)        The term"firearm" means any weapon which is designed to or may readily beconverted to expel any projectile by the action of an explosive; or the frameor receiver of such a weapon.

(3)        The term"explosive or incendiary device" means (i) dynamite and all otherforms of high explosives, (ii) any explosive bomb, grenade, missile, or similardevice, and (iii) any incendiary bomb or grenade, fire bomb, or similar device,including any device which (i) consists of or includes a breakable containerincluding a flammable liquid or compound, and a wick composed of any materialwhich, when ignited, is capable of igniting that flammable liquid or compound,and (ii) can be carried or thrown by one individual acting alone.

(4)        The term "law‑enforcementofficer" means any officer of the United States, any state, any politicalsubdivision of a state, or the District of Columbia charged with the executionof the laws thereof; civil officers of the United States; officers and soldiersof the organized militia and state guard of any state or territory of theUnited States, the Commonwealth of Puerto Rico, or the District of Columbia;and members of the armed forces of the United States.

(b)        A person is guiltyof a Class H felony, if he:

(1)        Teaches ordemonstrates to any other person the use, application, or making of any firearm,explosive or incendiary device, or technique capable of causing injury or deathto persons, knowing or having reason to know or intending that the same will beunlawfully employed for use in, or in furtherance of, a civil disorder; or

(2)        Assembles with oneor more persons for the purpose of training with, practicing with, or beinginstructed in the use of any firearm, explosive or incendiary device, ortechnique capable of causing injury or death to persons, intending to employunlawfully the training, practicing, instruction, or technique for use in, orin furtherance of, a civil disorder.

(c)        Nothing containedin this section shall make unlawful any act of any law‑enforcementofficer which is performed in the lawful performance of his official duties. (1981,c. 880, ss. 1, 2; 1993, c. 539, s. 1230; 1994, Ex. Sess., c. 24, s. 14(c).)

State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-288_20

§ 14‑288.20.  Certainweapons at civil disorders.

(a)        The definitions inG.S. 14‑288.1 do not apply to this section.  As used in this section:

(1)        The term "civildisorder" means any public disturbance involving acts or violence byassemblages of three or more persons, which causes an immediate danger ofdamage or injury to the property or person of any other individual or resultsin damage or injury to the property or person of any other individual.

(2)        The term"firearm" means any weapon which is designed to or may readily beconverted to expel any projectile by the action of an explosive; or the frameor receiver of such a weapon.

(3)        The term"explosive or incendiary device" means (i) dynamite and all otherforms of high explosives, (ii) any explosive bomb, grenade, missile, or similardevice, and (iii) any incendiary bomb or grenade, fire bomb, or similar device,including any device which (i) consists of or includes a breakable containerincluding a flammable liquid or compound, and a wick composed of any materialwhich, when ignited, is capable of igniting that flammable liquid or compound,and (ii) can be carried or thrown by one individual acting alone.

(4)        The term "law‑enforcementofficer" means any officer of the United States, any state, any politicalsubdivision of a state, or the District of Columbia charged with the executionof the laws thereof; civil officers of the United States; officers and soldiersof the organized militia and state guard of any state or territory of theUnited States, the Commonwealth of Puerto Rico, or the District of Columbia;and members of the armed forces of the United States.

(b)        A person is guiltyof a Class H felony, if he:

(1)        Teaches ordemonstrates to any other person the use, application, or making of any firearm,explosive or incendiary device, or technique capable of causing injury or deathto persons, knowing or having reason to know or intending that the same will beunlawfully employed for use in, or in furtherance of, a civil disorder; or

(2)        Assembles with oneor more persons for the purpose of training with, practicing with, or beinginstructed in the use of any firearm, explosive or incendiary device, ortechnique capable of causing injury or death to persons, intending to employunlawfully the training, practicing, instruction, or technique for use in, orin furtherance of, a civil disorder.

(c)        Nothing containedin this section shall make unlawful any act of any law‑enforcementofficer which is performed in the lawful performance of his official duties. (1981,c. 880, ss. 1, 2; 1993, c. 539, s. 1230; 1994, Ex. Sess., c. 24, s. 14(c).)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-288_20

§ 14‑288.20.  Certainweapons at civil disorders.

(a)        The definitions inG.S. 14‑288.1 do not apply to this section.  As used in this section:

(1)        The term "civildisorder" means any public disturbance involving acts or violence byassemblages of three or more persons, which causes an immediate danger ofdamage or injury to the property or person of any other individual or resultsin damage or injury to the property or person of any other individual.

(2)        The term"firearm" means any weapon which is designed to or may readily beconverted to expel any projectile by the action of an explosive; or the frameor receiver of such a weapon.

(3)        The term"explosive or incendiary device" means (i) dynamite and all otherforms of high explosives, (ii) any explosive bomb, grenade, missile, or similardevice, and (iii) any incendiary bomb or grenade, fire bomb, or similar device,including any device which (i) consists of or includes a breakable containerincluding a flammable liquid or compound, and a wick composed of any materialwhich, when ignited, is capable of igniting that flammable liquid or compound,and (ii) can be carried or thrown by one individual acting alone.

(4)        The term "law‑enforcementofficer" means any officer of the United States, any state, any politicalsubdivision of a state, or the District of Columbia charged with the executionof the laws thereof; civil officers of the United States; officers and soldiersof the organized militia and state guard of any state or territory of theUnited States, the Commonwealth of Puerto Rico, or the District of Columbia;and members of the armed forces of the United States.

(b)        A person is guiltyof a Class H felony, if he:

(1)        Teaches ordemonstrates to any other person the use, application, or making of any firearm,explosive or incendiary device, or technique capable of causing injury or deathto persons, knowing or having reason to know or intending that the same will beunlawfully employed for use in, or in furtherance of, a civil disorder; or

(2)        Assembles with oneor more persons for the purpose of training with, practicing with, or beinginstructed in the use of any firearm, explosive or incendiary device, ortechnique capable of causing injury or death to persons, intending to employunlawfully the training, practicing, instruction, or technique for use in, orin furtherance of, a civil disorder.

(c)        Nothing containedin this section shall make unlawful any act of any law‑enforcementofficer which is performed in the lawful performance of his official duties. (1981,c. 880, ss. 1, 2; 1993, c. 539, s. 1230; 1994, Ex. Sess., c. 24, s. 14(c).)