Destructive device
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A destructive device is a firearm or explosive device that, in United States, is regulated by the National Firearms Act of 1934. Examples of destructive devices are grenades, firearms with a bore over one half of an inch, and certain semi-automatic shotguns. Regulating an item as a destructive device effectively limits the item to the military and law enforcement officers only, except in certain circumstances. While current federal laws allow destructive devices, many states have banned them from transfer to civilians, and only law enforcement officers and military officers are allowed to own them.
All National Firearms Act items, including destructive devices, must be registered with the BATFE, who then closely monitor use, transport, and storage of the items.
The definition of a "destructive device" is found in Title 26, United States Code, in section 5845(f). The definition reads as follows:
- (1) any explosive, incendiary, or poison gas, (A) bomb, (B) grenade, (C) rocket having a propellant charge of more than 4 ounces, (D) missile 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, 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.
Source: The National Firearms Act. Title 26 United States Code, Chapter 53, Internal Revenue Code