Repealed by Ga. L. 1996, p. 416, § 2, effective May 1, 1996.
Editor's notes.- This Code section, relating to criminal possession of explosive devices was based on Ga. L. 1967, p. 452, §§ 1 - 3; Code 1933, § 26-1405, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1991, p. 324, § 1. For present provisions as to bombs, explosives, and chemical and biological weapons, see Code Section 16-7-80 et seq.
ARTICLE 4 BOMBS, EXPLOSIVES, AND CHEMICAL AND BIOLOGICAL WEAPONS
Cross references.
- Regulation of manufacture, transportation, and other issues involving explosives, § 25-2-17.
Penalty for terroristic threats or acts, § 16-11-37.
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- In light of the similarity of the statutory provisions, opinions rendered under former O.C.G.A § 16-7-64 are included in the opinions under this article.
Any firebomb which contained either flammable liquid or compound would come under former Code 1933, § 26-1405; it was not necessary that the liquid or compound be the only ingredient, so long as it was in fact a part of the firebomb, and met the other statutory requirements. 1968 Op. Att'y Gen. No. 68-313 (decided under former § 16-7-64).
Term "breakable containers" encompasses anything that could break, that is, a container that is "not unbreakable." 1968 Op. Att'y Gen. No. 68-313 (decided under former § 16-7-64).
Compound.
- Compound is a distinct substance formed by the chemical union of two or more ingredients in definite proportion by weight. 1968 Op. Att'y Gen. No. 68-313 (decided under former § 16-7-64).
Flammable.
- If a liquid or compound could start a fire and cause the destruction intended by the user of the Molotov cocktail, then it would seem, by definition, to be "flammable." 1968 Op. Att'y Gen. No. 68-313 (decided under former § 16-7-64).
RESEARCH REFERENCES
Am. Jur. 2d.
- 31A Am. Jur. 2d, Explosions and Explosives, § 167 et seq.
C.J.S.- 35 C.J.S., Explosives, § 95 et seq.
ALR.- Possession of bomb, Molotov cocktail, or similar device as criminal offense, 42 A.L.R.3d 1230.