In the United States, a destructive device is a type of firearm or explosive device regulated by the

National Firearms Act The National Firearms Act (NFA), 73rd Congress, Sess. 2, ch. 757, was enacted on June 26, 1934, and currently codified and amended as . The law is an Act of Congress in the United States that, in general, imposes an excise tax on the manufact ...

of 1934, revised by the Omnibus Crime Control and Safe Streets Act of 1968 and

Gun Control Act of 1968 The Gun Control Act of 1968 (GCA or GCA68) is a U.S. federal law that regulates the firearms industry and firearms ownership. Due to constitutional limitations, the Act is primarily based on regulating interstate commerce in firearms by generall ...

. Examples of destructive devices include

grenade A grenade is an explosive weapon typically thrown by hand (also called hand grenade), but can also refer to a shell (explosive projectile) shot from the muzzle of a rifle (as a rifle grenade) or a grenade launcher. A modern hand grenade ge ...

s, grenade launchers, artillery weapons, and firearms with a bore over one half of an inch (.50 inches or 12.7mm), excluding some

rifle A rifle is a long-barreled firearm designed for accurate shooting, with a barrel that has a helical pattern of grooves ( rifling) cut into the bore wall. In keeping with their focus on accuracy, rifles are typically designed to be held with ...

s and most

shotgun A shotgun (also known as a scattergun, or historically as a fowling piece) is a long-barreled firearm designed to shoot a straight-walled cartridge known as a shotshell, which usually discharges numerous small pellet-like spherical sub- pr ...

s, both semi automatic and manually operated. While current federal laws allow destructive devices, some states have banned them from transfer to civilians. In states where banned, only law enforcement officers and military personnel are allowed to possess them. All National Firearms Act firearms including destructive devices, must be registered with the

Bureau of Alcohol, Tobacco, Firearms and Explosives The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), commonly referred to as the ATF, is a domestic law enforcement agency within the United States Department of Justice. Its responsibilities include the investigation and preve ...

. The definition of a "destructive device" is found in (f). The definition reads as follows: : (1) any

explosive An explosive (or explosive material) is a reactive substance that contains a great amount of potential energy that can produce an explosion if released suddenly, usually accompanied by the production of light, heat, sound, and pressure. An expl ...

, incendiary, or

poison Poison is a chemical substance that has a detrimental effect to life. The term is used in a wide range of scientific fields and industries, where it is often specifically defined. It may also be applied colloquially or figuratively, with a broa ...

gas, (A)

bomb A bomb is an explosive weapon that uses the exothermic reaction of an explosive material to provide an extremely sudden and violent release of energy. Detonations inflict damage principally through ground- and atmosphere-transmitted mechan ...

, (B)

, (C)

rocket A rocket (from it, rocchetto, , bobbin/spool) is a vehicle that uses jet propulsion to accelerate without using the surrounding air. A rocket engine produces thrust by reaction to exhaust expelled at high speed. Rocket engines work entir ...

having a propellant charge of more than 4 ounces, (D)

missile In military terminology, a missile is a guided airborne ranged weapon capable of self-propelled flight usually by a jet engine or rocket motor. Missiles are thus also called guided missiles or guided rockets (when a previously unguided rocket ...

having an explosive charge of more than 1/4 ounce, (E) mine or (F) similar device. : (2) Any weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter (.50 inches or 12.7 mm), except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes; and : (3) Any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subparagraphs (1) and (2) and from which a destructive device may be readily assembled. : The term destructive device shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety or similar device; surplus ordnance sold, loaned or given by the

Secretary of the Army The secretary of the Army (SA or SECARMY) is a senior civilian official within the United States Department of Defense, with statutory responsibility for all matters relating to the United States Army: manpower, personnel, reserve affairs, insta ...

, pursuant to the provisions of section 4684(2), 4685, or 4686 of

Title 10 of the United States Code Title 10 of the United States Code outlines the role of armed forces in the United States Code. It provides the legal basis for the roles, missions and organization of each of the services as well as the United States Department of Defense. Ea ...

; or any other device the Secretary finds is not likely to be used as a weapon, or is an antique or is a rifle which the owner intends to use solely for sporting purposes.The National Firearms Act. Title 26

United States Code In the law of the United States, the Code of Laws of the United States of America (variously abbreviated to Code of Laws of the United States, United States Code, U.S. Code, U.S.C., or USC) is the official compilation and codification of the ...

, Chapter 53, Internal Revenue Code. The term "Secretary" originally referred to the

Secretary of the Treasury The United States secretary of the treasury is the head of the United States Department of the Treasury, and is the chief financial officer of the federal government of the United States. The secretary of the treasury serves as the principal a ...

, as the National Firearms Act is part of the Internal Revenue Code of 1986—since the BATF's transfer to the

Department of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...

in 2002, the term "Secretary" now refers to the

Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

.http://www.atf.gov/files/publications/download/p/atf-p-5320-8/atf-p-5320-8-appendix-a.pdf

Muzzle-loading A muzzleloader is any firearm into which the projectile and the propellant charge is loaded from the muzzle of the gun (i.e., from the forward, open end of the gun's barrel). This is distinct from the modern (higher tech and harder to make) desig ...

guns are not considered firearms in the US and do not fall under the regulations of the NFA. However, their projectiles may still be subject to NFA regulation. For instance, a person may manufacture, possess, and fire a black powder, muzzle-loading cannon of any bore diameter, but may not fire explosive shells from that cannon, as the explosive shell is itself defined as a destructive device.

References

{{reflist United States federal firearms law

See also

References