Terms Used In North Dakota Code > Chapter 62.1-02 - Possession of Weapons

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• children: includes children by birth and by adoption. See North Dakota Code 1-01-18
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Dangerous weapon: includes any switchblade or gravity knife, machete, scimitar, stiletto, sword, dagger, or knife with a blade of five inches [12. See North Dakota Code 62.1-01-01
• Direct supervision of an adult: means that an adult is present in such close proximity so as to be capable of observing and directing the actions of the individual supervised. See North Dakota Code 62.1-01-01
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
• Gaming site: means any room or premises licensed by the attorney general or by a city or county governing body to conduct legal gaming operations. See North Dakota Code 62.1-01-01
• Government building: means a building which is owned, possessed, or used by or leased to the state of North Dakota, or any of its political subdivisions. See North Dakota Code 62.1-01-01
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Handgun: means any firearm that is not designed to be fired from the shoulder, which has a barrel less than sixteen inches [40. See North Dakota Code 62.1-01-01
• Individual: means a human being. See North Dakota Code 1-01-49
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Law enforcement officer: means :

  a. See North Dakota Code 62.1-01-01

• Mentally deficient individual: means any individual, minor or adult other than a mentally ill individual, who is so mentally defective as to be incapable of managing that individual's affairs and to require supervision, control, and care for that individual's own or the public welfare. See North Dakota Code 62.1-01-01
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
• Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Possession: means an individual has:

  a. See North Dakota Code 62.1-01-01

• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Property: includes property, real and personal. See North Dakota Code 1-01-49
• Rifle: means any firearm designed or redesigned, made or remade, and intended to be fired from the shoulder and using the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each pull of the trigger. See North Dakota Code 62.1-01-01
• Rule: includes regulation. See North Dakota Code 1-01-49
• Short-barreled rifle: means a rifle having one or more barrels less than sixteen inches [40. See North Dakota Code 62.1-01-01
• Short-barreled shotgun: means a shotgun having one or more barrels less than eighteen inches [45. See North Dakota Code 62.1-01-01
• Shotgun: means a firearm designed or redesigned, made or remade, and intended to be fired with one hand below or behind and one hand in front of the breach, which uses the energy of the explosive in a fixed shotgun shell to fire through a smooth or a rifled bore either a number of ball shot or a single projectile for each single pull of the trigger. See North Dakota Code 62.1-01-01
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
• United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
• Unloaded: means the chamber of the firearm does not contain a loaded shell. See North Dakota Code 62.1-01-01
• Venue: The geographical location in which a case is tried.
• weapon: means any device that expels or is readily capable of expelling a projectile by the action of an explosive and includes any such device, loaded or unloaded, commonly referred to as a pistol, revolver, rifle, gun, machine gun, shotgun, bazooka, or cannon. See North Dakota Code 62.1-01-01
• written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37