Title 16, Chapter 7, Section 80
As used in this article, the term:
(1) "Bacteriological weapon" or "biological weapon" means any
device which is designed in such a manner as to permit the
intentional release into the population or environment of
microbial or other biological agents or toxins whatever their
origin or method of production in a manner not otherwise
authorized by law or any device the development, production, or
stockpiling of which is prohibited pursuant to the "Convention on
the Prohibition of the Development, Production, and Stockpiling of
Bacteriological (Biological) and Toxin Weapons and Their
Destruction," 26 U.S.T. 583, TIAS 8063.
(2) "Commissioner" means the Safety Fire Commissioner.
(3) "Conviction" means an adjudication of guilt of or a plea of
guilty or nolo contendere to the commission of an offense against
the laws of this state, any other state or territory, the United
States, or a foreign nation recognized by the United States. Such
term includes any such conviction or plea notwithstanding the fact
that sentence was imposed pursuant to Article 3 of Chapter 8 of
Title 42. Such term also includes the adjudication or plea of a
juvenile to the commission of an act which if committed by an
adult would constitute a crime under the laws of this state.
(4) "Destructive device" means:
(A) Any explosive, incendiary, or over-pressure device or poison
gas which has been configured as a bomb; a grenade; a rocket
with a propellant charge of more than four ounces; a missile
having an explosive or incendiary charge of more than
one-quarter ounce; a poison gas; a mine; a Molotov cocktail; or
any other device which is substantially similar to such devices;
(B) Any type of weapon by whatever name known which will or may
be readily converted to expel a projectile by the action of an
explosive or other propellant, through a barrel which has a bore
diameter of more than one-half inch in diameter; provided,
however, that such term shall not include a pistol, rifle, or
shotgun suitable for sporting or personal safety purposes or
ammunition; a device which is neither designed or redesigned for
use as a weapon; a device which, although originally designed
for use as a weapon, is redesigned for use as a signaling,
pyrotechnic, line throwing, safety, or similar device; or
surplus military ordnance sold, loaned, or given by authority of
the appropriate official of the United States Department of
(C) A weapon of mass destruction;
(D) A bacteriological weapon or biological weapon; or
(E) Any combination of parts either designed or intended for use
in converting any device into a destructive device as otherwise
defined in this paragraph.
(5) "Detonator" means a device containing a detonating charge that
is used to initiate detonation in an explosive, including but not
limited to electric blasting caps, blasting caps for use with
safety fuses, and detonating cord delay connectors.
(6) "Director" means the director of the Georgia Bureau of
(7) "Distribute" means the actual, constructive, or attempted
transfer from one person to another.
(8) "Explosive" means any chemical compound or other substance or mechanical system intended for the purpose of producing 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 detonator may produce an explosion capable of causing injury to persons or damage to property, including but not limited to the substances designated in Code Section 16-7-81; provided, however, that the term explosive shall not include common fireworks as defined by Code Section 25-10-1, model rockets and model rocket engines designed, sold, and used for the purpose of propelling recoverable aero models, or toy pistol paper caps in which the explosive content does not average more than 0.25 grains of explosive mixture per paper cap for toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps unless such devices are used as a component of a destructive device.
(9) "Explosive ordnance disposal technician" or "EOD technician"
(A) A law enforcement officer, fire official, emergency management official, or an employee of this state or its political subdivisions or an authority of the state or a political subdivision who is certified in accordance with Code Section 35-8-13 and members of the Georgia National Guard who are qualified as explosive ordnance disposal technicians under the appropriate laws and regulations when acting in the performance of their official duties; and
(B) An official or employee of the United States, including but
not limited to a member of the armed forces of the United
States, who is qualified as an explosive ordnance disposal
technician under the appropriate laws and regulations when
acting in the performance of his or her official duties.
(10) "Felony" means any offense punishable by imprisonment for a
term of one year or more, and includes conviction by a
court-martial under the Uniform Code of Military Justice for an
offense which would constitute a felony under the laws of the
United States. A conviction of an offense under the laws of a
foreign nation shall be considered a felony for the purposes of
this article if the conduct giving rise to such conviction would
have constituted a felony under the laws of this state or of the
United States if committed within the jurisdiction of this state
or the United States at the time of such conduct.
(11) "Hoax device" or "replica" means a device or article which
has the appearance of a destructive device.
(12) "Incendiary" means a flammable liquid or compound with a
flash point of 150 degrees Fahrenheit or less as determined by
Tagliabue or equivalent closed-cup device, including but not
limited to, gasoline, kerosene, fuel oil, or a derivative of such
(13) "Over-pressure device" means a frangible container filled
with an explosive gas or expanding gas which is designed or
constructed so as to cause the container to break or fracture in a
manner which is capable of causing death, bodily harm, or property
(14) "Poison gas" means any toxic chemical or its precursors that
through its chemical action or properties on life processes causes
death or permanent injury to human beings; provided, however, that
such term shall not include:
(A) Riot control agents, smoke, and obscuration materials or
medical products which are manufactured, possessed, transported,
or used in accordance with the laws of the United States and of
(B) Tear gas devices designed to be carried on or about the
person which contain not more than one-half ounce of the
(C) Pesticides, as provided in paragraph (12) of Code Section 16-7-93.
(15) "Property" means any real or personal property of any kind
including money, choses in action, and other similar interests in
(16) "Public building" means any structure which is generally open
to members of the public with or without the payment of an
admission fee or membership dues including, but not limited to
structures owned, operated, or leased by the state, the United
States, any of the several states, or any foreign nation or any
political subdivision or authority thereof; any religious
organization; any medical facility; any college, school, or
university; or any corporation, partnership, or association.
(17) "Weapon of mass destruction" means any device which is
designed in such a way as to release radiation or radioactivity at
a level which will result in internal or external bodily injury or
death to any person.