Ala. Code § 13A-6-260

Current through the 2024 Regular Session.

Section 13A-6-260 - Definitions

For the purposes of this article, the following terms have the following meanings:

(3) DESTRUCTIVE DEVICE. The same meaning as in Section 13A-10-190.

(4) FIREARM. Any of the following:

a. Any weapon which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive or the frame or receiver of any such weapon.

b. A firearm silencer.

c. A destructive device.

(5) FIREARMS SILENCER. Any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer, and any part intended only for use in such assembly or fabrication.

(1) CRIMINAL ENTERPRISE. Any combination, confederation, alliance, network, conspiracy, understanding, or other similar arrangement in law or in fact, including a streetgang as defined in Section 13A-6-26, of three or more persons, through its membership or through the agency of any member, that engages in a course or pattern of criminal activity.

(2) CRIMINAL ENTERPRISE MEMBER. An individual who meets three or more of the following at the time of the planning or commission of the underlying offense:

a. Admits to criminal enterprise membership.

b. Is voluntarily identified as a criminal enterprise member by a parent or guardian.

c. Is identified as a criminal enterprise member by a reliable informant.

d. Adopts the style of dress of a criminal enterprise.

e. Adopts the use of a hand sign identified as used by a criminal enterprise.

f. Has a tattoo identified as used by a criminal enterprise.

g. Associates with one or more known criminal enterprise members.

h. Is identified as a criminal enterprise member by physical evidence.

i. Has been observed in the company of one or more known criminal enterprise members four or more times. Observation in a custodial setting requires a willful association. This paragraph may be used to identify criminal enterprise members who recruit and organize in jails, prisons, and other detention settings.

j. Has authored any communication indicating responsibility for the commission of any crime by a criminal enterprise. Where a single act or factual transaction satisfied the requirements of more than one of the criteria in this subdivision, each of those criteria has been satisfied for the purposes of this subdivision.

(6) MACHINE GUN. Any weapon that shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.

(7) SHORT-BARRELED RIFLE. The same meaning as in Section 13A-11-62.

(8) SHORT-BARRELED SHOTGUN. The same meaning as in Section 13A-11-62.

Ala. Code § 13A-6-260 (1975)

Added by Act 2023-416,§ 1, eff. 9/1/2023.