Control of Deadly Weapons and Equipment

(7)01. Possession Of An Explosive Device

• A civilian who possesses any manufactured or improvised device or equipment which is made from explosive and/or highly flammable liquid, gas or solid materials.

- Penal Code (7)01 is a felony punishable by a maximum of 20 months imprisonment and no more than $100 in fines. This falls under Officer Discretion.

(7)02. Manufacture or Possession of an Improvised Device

• Except as otherwise provided by law, A civilian who manufactures, assembles, disassembles, or possesses parts of any dangerous weapon, explosive, trap, firearm, blade or other destructive device that does not apply or is appropriate to any other penal code entries.

• This may only be charged against person(s) when it can be proven an individual manufactured improvised blade(s), for example: in a prison environment, otherwise (9)01. Possession Of An Illegal Blade is to be used if an individual is found with an improvised blade.

• This code entry cannot stack with any other Title 9. Control of Deadly Weapons And Equipment charges.

- Penal Code (7)02 is a felony punishable by a maximum of 30 months imprisonment and no more than $250 in fines. This falls under Officer Discretion.

(7)03. Possession of Stolen Weapon With Intent To Sell

• A person who is in possession of more than 1 full weapon in any combination or amount with the intent to distribute, deliver, or sell stolen property.

- Penal Code (7)03 is a felony punishable by a maximum of 25 months imprisonment and no more than $250 in fines. This falls under Officer Discretion.

(7)04. Possession Of Explosive Devices With Intent To Sell

• A person who is in possession of more than 3 explosive devices or explosive device materials in any combination with the intent to distribute, deliver, or sell.

- Penal Code (7)04 is a felony punishable by a maximum of 25 months imprisonment and no more than $250 in fines. This falls under Officer Discretion.

(7)05. Brandishing A Firearm

• A person who is pointing, holding, or brandishing a firearm, air or gas operated weapon, or object that appears like a firearm without proper toy and prop identification in an attempt to elicit fear or hysteria.

• A person holding an object in a manner similar to a firearm who attempts to elicit the same fear or response as brandishing an actual firearm.

- Penal Code (7)06 is a misdemeanor punishable by a maximum of 15 months imprisonment and no more than $50 in fines. This falls under Officer Discretion.

NOTES:

Brandishing explicitly notes that the purpose is to elicit fear or hysteria. A Weapons Discharge violation is irrelevant of the intent to elicit hysteria so the two charges can be stacked if appropriate.

(7)06. Weapons Discharge Violation

• A person who fires a firearm without due cause or justifiable motive regardless of registration status or legality.

• A person committing this offense from a vehicle/horse, whether land, sea, or in air, shall instead be charged with (7)08. Ride-By Shooting.

- Penal Code (7)06 is a misdemeanor punishable by a maximum of 25 months imprisonment and no more than $150 in fines. This falls under Officer Discretion.

NOTES:

This charge can stack with brandishing a firearm, so you can in fact be charged both. A discharge however is different from brandishing, which requires the perpetrator to be using the brandishing as a way to elicit fear or hysteria.

(7)07. Ride-By Shooting

• A person who drives a vehicle/horse, whether on land, sea, or in air, and has a passenger who they knowingly and willingly let discharge a firearm from within the vehicle/horse, and the passenger is not an on-duty peace officer.

• A person who exits a vehicle/horse only to immediately discharge a firearm afterward.

• A person who discharges a weapon in a vehicle/horse, whether on land, sea, or in air, and is not an on-duty peace officer with proper authorization.

- Penal Code (7)07 is a felony punishable by a maximum of 30 months imprisonment and no more than $300 in fines. This falls under Officer Discretion.