TITLE 16
CRIMES AND OFFENSES
Section 7. Damage to and Intrusion upon Property, 16-7-1 through 16-7-97.
ARTICLE 4
BOMBS, EXPLOSIVES, AND CHEMICAL AND BIOLOGICAL WEAPONS
16-7-93. Exceptions to applicability of provisions.
The provisions of Code Sections 16-7-82, 16-7-84, 16-7-85, and 16-7-86 shall not apply to:
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Any person authorized to manufacture, possess, transport, distribute, or use a destructive device or detonator pursuant to the laws of the United States, as amended, or pursuant to Title 25 when such person is acting in accordance with such laws and any regulations issued pursuant thereto;
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Any person licensed as a blaster by the Commissioner pursuant to Chapter 8 of Title 25, when such blaster is acting in accordance with the laws of the state and any regulations promulgated thereunder and any ordinances and regulations of the political subdivision or authority of the state where blasting operations are being performed;
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Fireworks, as defined by Code Section 25-10-1 and any person authorized by the laws of this state and of the United States to manufacture, possess, distribute, transport, store, exhibit, display, or use fireworks;
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A law enforcement, fire service, or emergency management agency of this state, any agency or authority of a political subdivision of this state, or the United States and any employee or authorized agent thereof while in performance of official duties and any law enforcement officer, fire official, or emergency management official of the United States or any other state while attending training in this state;
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The armed forces of the United States or of this state;
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Research or educational programs conducted by or on behalf of a college, university, or secondary school which have been authorized by the chief executive officer of such educational institution or his or her designee and which is conducted in accordance with the laws of the United States and of this state;
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The use of explosive materials in medicines and medicinal agents in forms prescribed by the most recent published edition of the official United States Pharmacopoeia or the National Formulary;
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Small arms ammunition and reloading components thereof;
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Commercially manufactured black powder in quantities not to exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers intended to be used solely for sporting, recreational, or cultural purposes in antique firearms or antique devices; or
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An explosive which is lawfully possessed in accordance with the rules adopted pursuant to Code Section 16-7-94.
(Code 1981, §16-7-93, enacted by Ga. L. 1996, p. 416, § 3.)
Code Commission notes.
- Pursuant to Code Section 28-9-5, in 1996, a comma was inserted following "16-7-85" in the introductory language; "Commissioner" was substituted for "commissioner" in paragraph (2); "Pharmacopoeia" was substituted for "Pharmacopia" in paragraph (7); "50" was substituted for "fifty" in paragraph (9); and "16-7-94" was substituted for "16-7-95" in paragraph (10).
JUDICIAL DECISIONS
Erroneous denial of motion to withdraw plea.
- Trial court abused the court's discretion in denying defendant's motion to withdraw a guilty plea to false imprisonment charges because the state conceded that defendant received ineffective assistance of counsel as to the less serious armed robbery and kidnapping offenses that were part of the same negotiated plea agreement that were included in the same indictment and that involved the same codefendants; defendant should have been permitted to withdraw the guilty plea in order to avoid a manifest injustice. Clue v. State, 273 Ga. App. 672, 615 S.E.2d 800 (2005).
