In the United States, a destructive device is a type of firearm or explosive device
regulated by the
National Firearms Act of 1934, revised by the
Omnibus Crime Control and Safe Streets Act of 1968 and
Gun Control Act of 1968.
Examples of destructive devices include
grenades, grenade launchers, artillery weapons, and firearm
(2) any type of 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 havea
bore over one half of an inch (.50 inches or 12.7 mm), excluding some
rifle
A rifle is a long gun, long-barreled firearm designed for accurate shooting and higher stopping power, with a gun barrel, barrel that has a helical or spiralling pattern of grooves (rifling) cut into the bore wall. In keeping with their focus o ...
s and most
shotguns, 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 ATF, is a domestic law enforcement agency within the United States Department of Justice. Its responsibilities include the investigation and prevention ...
.
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 ex ...
,
incendiary, or
poison
A poison is any chemical substance that is harmful or lethal to living organisms. 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 figurati ...
gas, (A)
bomb, (B)
grenade, (C)
rocket
A rocket (from , and so named for its shape) is a vehicle that uses jet propulsion to accelerate without using any surrounding air. A rocket engine produces thrust by reaction to exhaust expelled at high speed. Rocket engines work entirely ...
having a propellant charge of more than 4 ounces, (D)
missile
A missile is an airborne ranged weapon capable of self-propelled flight aided usually by a propellant, jet engine or rocket motor.
Historically, 'missile' referred to any projectile that is thrown, shot or propelled towards a target; this ...
having an explosive charge of more than 1/4 ounce (109.4 grains or 7.09 grams), (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, pursuant to the provisions of section 4684(2), 4685, or 4686 of
Title 10 of the United States Code; 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
The United States Code (formally The Code of Laws of the United States of America) is the official Codification (law), codification of the general and permanent Law of the United States#Federal law, federal statutes of the United States. It ...
, 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 in 2002, the term "Secretary" now refers to the
Attorney General
In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
.
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.
See also
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References
{{Reflist
United States federal firearms law