§ 54-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Another refers to any person or legal entity, including the state or any subdivision thereof.

Antique firearm means any firearm (including any firearm with a matchlock, flintlock percussion caps, or similar type of ignition system) manufactured in or before 1898, and any replica of any firearm if such firearm or replica thereof:

(1)

Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or

(2)

Uses rimfire or conventional ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trades.

Crime of violence means murder, manslaughter, rape, armed robbery, forcible rape, aggravated battery, kidnapping, burglary, robbery and assault with a dangerous weapon.

Dealer means any person, or manufacturer, duly licensed by appropriate authority engaged in the business of selling any firearm, new or used, in the parish including, but not limited to, wholesalers and pawnbrokers and other persons dealing in used firearms.

Dealer's license means an occupational license to buy, sell or repair firearms, or destructive devices, as provided by the Code.

Destructive device:

(1)

The term "destructive device" shall include:

a.

An explosive, incendiary, or poison gas, bomb, grenade, rocket, missile, mine or similar device;

b.

Any device by whatever name known which will, or is designed or redesigned, or may be readily converted or restored to expel a projectile through a smooth bore barrel, except a shotgun;

c.

Any device designed or redesigned, made or remade, or readily converted or restored, and intended to stun or disable a person by means of electric shock;

d.

Any combination of parts designed or intended for use in converting any device into any destructive device; or from which a destructive device may be readily assembled;

e.

Silencers and mufflers.

(2)

The term "destructive device" shall not include:

a.

Any pneumatic, spring, or BB device which expels a single projectile not exceeding .18 inch in diameter;

b.

Any device which is neither designed or redesigned for use as a weapon;

c.

Any device originally a weapon which has been redesigned for use as a signaling, line throwing or safety device;

d.

Any device which the chief of police or judge of the court or other governmental body finds is not likely to be used as a weapon.

Felony shall mean a crime as such is defined by state and federal laws.

Failure to appear is the intentional failure to comply with a previously issued summons, citation, or court order directing a person to appear in the municipal court in accordance with the provisions of section 54-28 of this Code.

Firearm means any weapon which will, or is designed or redesigned, made or remade, readily converted or restored and intended to expel a projectile or projectiles by the action of an explosive and/or propellant, the frame or receiver of any such device. The term "firearm" shall not include:

(1)

Any device used exclusively for line throwing, range shooting, or safety, and required or recommended by the Coast Guard or Interstate Commerce Commission;

(2)

Any device used exclusively for firing explosive rivets, stud cartridges, or similar industrial ammunition and not designed for use as a weapon;

(3)

Any device which is neither designed nor redesigned to be used as a weapon;

(4)

Any device originally designed as a weapon which has been redesigned for use as a signaling, line throwing or safety device;

(5)

Any device which the chief of police or judge of the court or other appropriate governmental body finds is not likely to be used as a weapon;

(6)

Replicas of firearms or deactivated firearms not readily put in good working order; or

(7)

Antique firearms.

Foreseeable refers to that which ordinarily would be anticipated by a human being of average reasonable intelligence and perception.

Handgun means a firearm that is designed, redesigned, made or remade to expel a projectile through a barrel by using the energy generated by an explosive or propellant substance and that is designed, made or adapted to be fired with one hand.

Length of barrel means that portion of a firearm, rifle, shotgun or machine gun through which a shot or bullet is driven, guided or stabilized, and shall include the chamber.

Manufacturer means any person who is engaged in the parish, in the manufacturing, assembling, repairing, or altering of a firearm or a destructive device.

Pistol means a handgun.

Property refers to both public and private property, moveable and immoveable, corporeal and incorporeal.

Public place means an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public including those which serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings open to the public as well as the grounds enclosing them.

Purchase means to acquire ownership or title in exchange for financial consideration.

Rifle means a grooved bore firearm using a fixed metallic cartridge with a single projectile and designed or redesigned, made or remade, and intended to be fired from the shoulder.

Sale means exchange for financial consideration.

Sawed-off shotgun means a shotgun having a barrel length of less than 18 inches; or a firearm made from a shotgun if such firearm as modified has an overall length of less than 26 inches or any barrel of less than 18 inches.

Sell, the verb used in different form and tenses, means the sale by dealer to purchaser.

Short barreled rifle means a rifle having any barrel less than 16 inches in length, or a firearm made from a rifle if such firearm as modified has an overall length of less than 26 inches or any barrel of less than 16 inches.

Shotgun means a smooth bore firearm using a fixed shotgun shell with either a number of ball shots or a single projectile, and designed or redesigned, made or remade, and intended to be fired from the shoulder.

Transfer means a gift or loan without financial or other consideration from one individual or dealer to another with intent for receiver to take possession whether temporary or permanent.

Weapons is a descriptive term and includes firearms, destructive devices and any other instrumentality customarily used or intended for probable use as a dangerous weapon to inflict great bodily harm or death.

Weapons offense means a violation of the law which involves the sale, purchase, transfer in any manner, receipt, acquisition, possession, having under control, use, repair, manufacture, carrying or transportation of any weapon.

(Code 1956, § 42-6; M.C.S., Ord. No. 23128, § 1, 6-19-08)

Cross reference

Definitions generally, § 1-2.