West Virginia Code § 61-3E-1

Definitions
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As used in this article, unless the context otherwise requires:
(a) "Destructive device" means any bomb, grenade, mine, rocket, missile, pipebomb or
similar device containing an explosive, incendiary, explosive gas or expanding gas which is
designed or so constructed as to explode by such filler and is capable of causing bodily harm
or property damage; any combination of parts, either designed or intended for use in
converting any device into a destructive device and from which a destructive device may be
readily assembled.
"Destructive device" does not include a firearm as such is defined in section two, article
seven of this chapter, or sparkling devices, novelties, toy caps, model rockets and their
components or fireworks as these terms are defined in section two, article three-e, chapter
twenty-nine of this code, or high power rockets and their components, as defined in this
section.
(b) "Explosive material" means any chemical csompound, mechanical mixture or device that is
commonly used or can be used for the purpose of producing an explosion and which contains
any oxidizing and combustive units or otheir ingredients in such proportions, quantities or
packaging that an ignition by fire, bgy friction, by concussion, by percussion, by detonator or
by any part of the compound or mixture may cause a sudden generation of highly heated
gases. These materials include, but are not limited to, powders for blasting, high or low
explosives, blasting materials, blasting agents, blasting emulsions, blasting fuses other than
electric circuit breakers, detonators, blasting caps and other detonating agents and black or
smokeless powders not manufactured or used for lawful sporting purposes. Also included
are all explosive materials listed annually by the office of the State Fire Marshal and
published in the State Register, said publication being hereby mandated.
(c) "High power rocket" means the term as defined in National Fire Protection Association
StaWndard 1127, "Code for High Power Rocketry."
(d) "Hoax bomb" means any device or object that by its design, construction, content or
characteristics appears to be, or is represented to be or to contain a destructive device,
explosive material or incendiary device as defined in this section, but is, in fact, an
inoperative facsimile or imitation of such a destructive device, explosive material or
incendiary device.
(e) "Incendiary device" means a container containing gasoline, kerosene, fuel oil, or
derivative thereof, or other flammable or combustible material, having a wick or other
substance or device which, if set or ignited, is capable of igniting such gasoline, kerosene,
fuel oil, or derivative thereof, or other flammable or combustible material: Provided, That no
similar device commercially manufactured and used solely for the purpose of illumination
shall be deemed to be an incendiary device.
(f) "Legal authority" means that right as expressly stated by statute or law.
(g) "Model rocket" means the term as defined in National Fire Protection Association
Standard 1122, "Code for Model Rocketry."
(h) "Person" means an individual, corporation, company, association, firm, partnership,
society or joint stock company.
(i) "Storage magazine" is defined to mean any building or structure, other than an explosives
manufacturing building, approved by the legal authority for the storage of explosive
materials. u

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