62.1-01 Definitions - General Provisions
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<![CDATA[TITLE 62.1WEAPONSCHAPTER 62.1-01DEFINITIONS - GENERAL PROVISIONS62.1-01-01.General definitions.As used in this title, unless the context otherwiserequires:1."Dangerous weapon" includes any switchblade or gravity knife, machete, scimitar,<br>stiletto, sword, dagger, or knife with a blade of five inches [12.7 centimeters] or<br>more; any throwing star, nunchaku, or other martial arts weapon; any billy, blackjack,<br>sap, bludgeon, cudgel, metal knuckles, or sand club; any slungshot; any bow and<br>arrow, crossbow, or spear; any stun gun; any weapon that will expel, or is readily<br>capable of expelling, a projectile by the action of a spring, compressed air, or<br>compressed gas including any such weapon, loaded or unloaded, commonly<br>referred to as a BB gun, air rifle, or CO2gun; and any projector of a bomb or anyobject containing or capable of producing and emitting any noxious liquid, gas, or<br>substance.2."Direct supervision of an adult" means that an adult is present in such close<br>proximity so as to be capable of observing and directing the actions of the individual<br>supervised.3."Firearm" or "weapon" means any device which will expel, or is readily capable of<br>expelling, a projectile by the action of an explosive and includes any such device,<br>loaded or unloaded, commonly referred to as a pistol, revolver, rifle, gun, machine<br>gun, shotgun, bazooka, or cannon.4."Gaming site" means any room or premises licensed by the attorney general or by a<br>city or county governing body to conduct legal gaming operations.5."Government building" means a building which is owned, possessed, or used by or<br>leased to the state of North Dakota, or any of its political subdivisions.6."Handgun" means any firearm that is not designed to be fired from the shoulder,<br>which has a barrel less than sixteen inches [40.64 centimeters] long, and which is<br>capable of firing, by the energy of an explosive in a fixed metallic cartridge, an<br>exposed projectile through a rifled bore. The term includes the Thompson contender<br>forty-five caliber single-shot center-fire with a pistol grip or similar firearm, if in<br>compliance with the National Firearms Act [26 U.S.C. 5801-5872].7."Law enforcement officer" means a public servant authorized by law or by a<br>government agency or branch to enforce the law and to conduct or engage in<br>investigations or prosecutions for violations of law.8."Machine gun, submachine gun, or fully automatic rifle" means a firearm,<br>mechanism, or instrument not requiring that the trigger be pressed for each shot,<br>and having a reservoir, belt, or other means of storing and carrying ammunition<br>which can be loaded into the firearm, mechanism, or instrument and fired therefrom<br>at a rate of five or more shots to the second.9."Plain view" means the handgun is placed in such a location or carried in such a<br>position as to be easily discernible by the ordinary observation of a passerby. In a<br>motor vehicle, this includes being placed on the seat, dashboard, or in a gunrack as<br>long as the handgun is not covered or is in any other way concealed from view.Page No. 110."Rifle" means any firearm designed or redesigned, made or remade, and intended to<br>be fired from the shoulder and using the energy of the explosive in a fixed metallic<br>cartridge to fire only a single projectile through a rifled bore for each pull of the<br>trigger.11."Secured" means the firearm is closed into the trunk or nonpassenger part of the<br>vehicle; placed into a closed and secure carrying device; rendered inoperative by the<br>use of a trigger, hammer, cylinder, slide, or barrel-locking device that renders the<br>firearm incapable of firing until the device is unlocked and removed; or so<br>disassembled or disabled as to be rendered incapable of firing.12."Short-barreled rifle" means a rifle having one or more barrels less than sixteen<br>inches [40.64 centimeters] in length and any firearm made from a rifle, whether by<br>alteration, modification, or otherwise, if the firearm, as modified, has an overall<br>length of less than twenty-six inches [66.04 centimeters].13."Short-barreled shotgun" means a shotgun having one or more barrels less than<br>eighteen inches [45.72 centimeters] in length and any firearm made from a shotgun,<br>whether by alteration, modification, or otherwise, if the firearm, as modified, has an<br>overall length of less than twenty-six inches [66.04 centimeters].14."Shotgun" means a firearm designed or redesigned, made or remade, and intended<br>to be fired with one hand below or behind and one hand in front of the breach, which<br>uses the energy of the explosive in a fixed shotgun shell to fire through a smooth or<br>a rifled bore either a number of ball shot or a single projectile for each single pull of<br>the trigger.15."Silencer" means any device for or attached to any firearm which will silence or<br>deaden the sound or natural report of the firearm when it is discharged.16."Unloaded" means the chamber of the firearm does not contain a loaded shell. If the<br>firearm is a revolver, then none of the chambers in the cylinder may contain a<br>loaded shell. Handguns with a removable magazine or clip must have the magazine<br>or clip removed from the firearm if the magazine or clip contains any loaded shells.62.1-01-02.Forfeiture of dangerous weapon or firearm by person arrested andconvicted of crime.Any firearm or dangerous weapon used or possessed while in thecommission of a felony or a misdemeanor involving violence or intimidation must be seized and,<br>upon conviction and by motion, forfeited to the jurisdiction in which the arrest was made or the<br>jurisdiction in which the charge arose. Except as provided in chapter 29-01 for stolen property,<br>the forfeited firearm or dangerous weapon may be, pursuant to court order, sold at public auction,<br>sold or traded to other law enforcement agencies or authorized firearm dealers, retained for use,<br>or destroyed.62.1-01-03. Limitation on authority of political subdivision regarding firearms. Nopolitical subdivision, including home rule cities or counties, may enact any ordinance relating to<br>the purchase, sale, ownership, transfer of ownership, registration, or licensure of firearms and<br>ammunition which is more restrictive than state law. All such existing ordinances are void.Page No. 2Document Outlinechapter 62.1-01 definitions - general provisions]]>