I. In this section, “smoke bomb” means any kind of device containing chemicals which when ignited gives off dense clouds of smoke; provided that this definition shall not include a toy smoke device, as defined by the American Pyrotechnics Association in APA Standard 87-1 (2001), section 3.1.1.7, that is sold or offered for sale by a person licensed to sell permissible fireworks pursuant to RSA 160-C.
II. With the exception of persons or groups, including law enforcement organizations, who use smoke bombs for training purposes or to protect property or lives, any person who sells, barters, lends or gives to any person a smoke bomb and any person who uses a smoke bomb in a public place shall be guilty of a violation.