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Topic: Destructive device


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In the News (Mon 21 Dec 09)

  
  Destructive device - Wikipedia, the free encyclopedia
A destructive device is a firearm or explosive device that, in the United States, is regulated by the National Firearms Act of 1934.
Examples of destructive devices are grenades, and firearms with a bore over one half of an inch, including some semi-automatic shotguns.
The definition of a "destructive device" is found in Title 26, United States Code, in section 5845(f).
en.wikipedia.org /wiki/Destructive_device   (236 words)

  
 12301 thru 12312 Destructive Devices - Dangerous Weapons Control Laws - Firearms Division - California Dept. of Justice ...
The possession of any destructive device in violation of this chapter shall be deemed to be a public nuisance and the Attorney General or district attorney of any city, county, or city and county may bring an action before the superior court to enjoin the possession of any destructive device.
Any destructive device found to be in violation of this chapter shall be surrendered to the Department of Justice, or to the sheriff, or to the chief of police, if the sheriff or chief of police has elected to perform the services required by this section.
Every person who willfully and maliciously explodes or ignites any destructive device or any explosive which causes bodily injury to any person is guilty of a felony, and shall be punished by imprisonment in the state prison for a period of five, seven, or nine years.
caag.state.ca.us /firearms/dwcl/12301.htm   (1204 words)

  
 Keep and Bear Arms   (Site not responding. Last check: 2007-10-14)
Possession of a firearm or "destructive device" (i.e., bomb) in furtherance of a crime of violence that is prosecutable in a federal court.
Brandishing a firearm or "destructive device" (i.e., bomb) in furtherance of a crime of violence that may be prosecuted in a federal court.
Discharging a firearm or "destructive device" (i.e., bomb) in furtherance of a crime of violence that may be prosecuted in a federal court.
www.keepandbeararms.com /information/XcIBPrintItem.asp?ID=561   (485 words)

  
 37mm.com: 37mm Federal Laws and Regulations, Section 1
The definition of "destructive device" in the GCA (18 U.S.C. ยง 921(a)(4)) is identical to that in the NFA.
Devices designed for expelling tear gas or pyrotechnic signals have been held to be exempt from the destructive device definition.
The definition of "destructive device" in the GCA (18 U.S.C. section 921(a)(4)) is identical to that in the NFA.
www.37mm.com /legal/federal1.asp   (1256 words)

  
 JFCJ   (Site not responding. Last check: 2007-10-14)
"Destructive device" - any device with an explosive, incendiary or poison gas component or any combination of parts either designed or intended for use in converting any device into any destructive device or from which a destructive device may be readily assembled.
A destructive device does not include any device which is designed primarily or redesigned primarily for use as a signaling, pyrotechnic, line throwing, safety or similar device.
Students found to have brought, possessed, concealed or used a dangerous or deadly weapon, firearm or destructive device in violation of this policy shall be expelled for a period of not less than one year.
www.crookcounty.k12.or.us /School_Board/Policies/J/jfcj.htm   (763 words)

  
 Oregon Judicial Department Appellate Court Opinions
Youth's defense, stated in his trial memorandum, was that the device that he possessed was not a "destructive device" within the meaning of ORS 166.384.
Instead, his argument was that (1) the device lacked sufficient destructive capacity to qualify as a "bomb," and (2) the device was instead a legally permissible "cylindrical fountain" within the meaning of ORS 480.127(4)(c).
The state thus established that the device was a "bomb" within the meaning of the statute and was, therefore, a destructive device.
www.publications.ojd.state.or.us /A121099.htm   (1025 words)

  
 [No title]   (Site not responding. Last check: 2007-10-14)
Frederick Urban appeals from the judgment of conviction for possession of an unregistered destructive device in violation of 26 U.S.C. SS 5841, 5861(d), and 5971.
In Fredman, Morningstar, and Curtis, the courts were determining whether a device utilizing commercial explosives constituted a destructive device as defined in subparagraphs (1) and (2) of S 5845(f).
Intent to use the components as a weapon (to assemble them into a device to be used as a weapon) is irrelevant when the parts are clearly designed to be used in constructing a device which is specifically regulated by S 5845(f)(1) or (2).
vls.law.vill.edu /locator/3d/Mar1998/98a1817p.txt   (2683 words)

  
 02-2283 -- U.S. v. La Cock -- 04/27/2004   (Site not responding. Last check: 2007-10-14)
Defendant moved to dismiss the indictment, arguing that 1) the statute was unconstitutionally vague as applied to his case; 2) his device was simply an improvised intruder alarm and not designed as a weapon; and 3) his device was not a "destructive device" because it would not explode.
Michael Davies, a member of the bomb squad that disarmed the device, called it an "incendiary type of device which was an improvised explosive device" and that "the initiator was not electrical and that it was of a booby-trap, victim-related type of device." He believed that the device would function as designed.
The district court concluded that because Defendant's device was "incendiary in nature and incapable of exploding[,] it is not a destructive device within the meaning of 26 U.S.C. 5845(f)(1)." Accordingly, because all of the charged counts rested on Defendant's possession of a "destructive device," the court dismissed the superseding indictment in its entirety.
www.kscourts.org /ca10/cases/2004/04/02-2283.htm   (2560 words)

  
 [No title]
This device was seized from defendant's person when he was about to board an airline flight from Cincinnati to Milwaukee and was detained at the security checkpoint by a guard.
In addition, the expert repeatedly testified that the device is used primarily in the training of troops and would not be used by the military as a weapon.
The only evidence about the nature of the device other than the expert's testimony was a written warning on the side of the simulator [footnote 5] that the device should be "thrown on ground" free of flammable objects.
www.cs.cmu.edu /afs/cs/user/wbardwel/public/nfalist/us_v_dalpiaz.txt   (1076 words)

  
 [No title]
or, (F) similar device; (2) * * * (not relevant) 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;.
In all of the cases cited by the government to support its contention that Malone was guilty of possessing a destructive de- vice, all of the elements necessary to construct a destructive device were present.
www.constitution.org /2ll/bardwell/us_v_malone.txt   (817 words)

  
 Legislative Search -
These terms do not include a device which is 36 manufactured or produced for the primary purpose of 37 illumination or for marking detours, obstructions, 38 defective paving, or other hazards on streets, roads, 39 highways, and bridges.
Any destruction authorized pursuant 38 to this subsection shall be made in the presence of at 39 least one credible witness or shall be recorded on film, 40 video tape, or other electronic imaging method.
destructive device, as such term 23 is defined by Code Section 16-7-80, shall be guilty of a 24 felony and, upon conviction thereof, shall be sentenced to 25 imprisonment for not less than one nor more than 20 26 years." 27 SECTION 8.
www.state.ga.us /services/leg/ShowBillPre.cgi?year=1995&filename=1995/SB636   (2467 words)

  
 South Dakota: Destructive Devices - Promo
Possession of explosive or device with intent to injure, intimidate or destroy property as felony.
Any person who has in his possession any explosive or destructive device under circumstances not enumerated in § 22-14A-5, with intent to injure, intimidate, or terrify any person, or with intent to wrongfully injure or destroy any property is guilty of a Class 3 felony.
Any person who explodes or ignites any destructive device or explosive with intent to cause bodily harm and which results in bodily harm is guilty of a Class 2 felony.
www.terrorismcentral.com /Library/Teasers/SouthDakotaT.html   (701 words)

  
 [No title]
Without ever as much as suggesting that a defendant must possess a means by which to ignite the device, courts have uniformly held that a fully-assembled Molotov cocktail -- defined as a device comprising a bottle, gasoline, and a rag -- constitutes an"incendiary.
Ross, 458 F.2d 1144, 1144-46, 1144 n.1 (5th Cir.) (affirming conviction for possession of "crude incendiary devices" consisting of "a quart glass bottle with cloth therein and containing a flammable liquid and having a cloth wick in the mouth of said bottle"), cert.
For, the match is still not a part of the assembled device, and, as Simmons argues, the assembled device must include every part necessary for its activation.
www.constitution.org /2ll/bardwell/us_v_simmons.txt   (900 words)

  
 ARS | Publication request: NON-DESTRUCTIVE DEVICE TO MEASURE COTTON STICKINESS
Since the new device can be used online and without operator assistance at the gin and textile mill, early detection will allow mitigation of the stickiness.
Technical Abstract: A new device to rapidly estimate the stickiness of both seed cotton and lint cotton was patented in 1997.
This study further evaluated the new device using 500 reference samples that were evaluated with a standard thermodetector as well as an automated thermodetector (H2SD) at other laboratories.
www.ars.usda.gov /research/publications/publications.htm?SEQ_NO_115=116459&pf=1   (270 words)

  
 S1546
It may include, but need not be limited to, devices that obstruct the barrel or cylinder of the firearm, as well as devices that immobilize the trigger.
"Trigger locking device" means a device that, if installed on a firearm and secured by means of a key or mechanically, electronically or electromechanically operated combination lock, prevents the firearm from being discharged without first deactivating or removing the device by means of a key or mechanically, electronically or electromechanically operated combination lock.
A person who knowingly has in his possession any destructive device is guilty of a crime of the third degree.
www.njleg.state.nj.us /2004/Bills/S2000/1546_I1.HTM   (1327 words)

  
 Introduced Version, House Bill 1121
Requires a physician or hospital administrator who treats a person for an injury that was inflicted while the person was making or using a destructive device to report the case to a local law enforcement agency not more than 72 hours after the time the person is treated.
that the hoax device or replica is a destructive device or detonator commits a Class D felony.
a destructive device or explosive with the knowledge or intent that it will be used to kill, injure, or intimidate an individual or to destroy property commits a Class A felony.
www.in.gov /legislative/bills/2002/IN/IN1121.1.html   (5870 words)

  
 .50 BMG - Wikipedia, the free encyclopedia
However, due to the incredible destructive power of the ammunition, such heavy-caliber sniper rifles are considered anti-material weapons.
The round was used as a basis for developing that of the Boys anti-tank rifle, which used a belted design and a slightly larger-diameter bullet.
A common method for understanding the actual destructive power of a cartridge, is by comparison of muzzle energy.
en.wikipedia.org /wiki/.50_BMG   (594 words)

  
 US CODE: Title 26,5842. Identification of firearms   (Site not responding. Last check: 2007-10-14)
Each manufacturer and importer and anyone making a firearm shall identify each firearm, other than a destructive device, manufactured, imported, or made by a serial number which may not be readily removed, obliterated, or altered, the name of the manufacturer, importer, or maker, and such other identification as the Secretary may by regulations prescribe.
Any person who possesses a firearm, other than a destructive device, which does not bear the serial number and other information required by subsection (a) of this section shall identify the firearm with a serial number assigned by the Secretary and any other information the Secretary may by regulations prescribe.
Any firearm classified as a destructive device shall be identified in such manner as the Secretary may by regulations prescribe.
www.law.cornell.edu /uscode/html/uscode26/usc_sec_26_00005842----000-.html   (161 words)

  
 WisPolitics.com: Baumgart, Doyle Gun Ban Gets Worse   (Site not responding. Last check: 2007-10-14)
947.07 (3) (a) Whoever uses an explosive or a destructive device is guilty of a Class B felony.
A photograph, electronic image, videotape, or other identifying evidence of an explosive, destructive device, detonator, or weapon of mass destruction that is properly authenticated as provided under ch.
909 is admissible as evidence in lieu of the actual explosive, destructive device, detonator, or weapon of mass destruction in any action or proceeding concerning an explosive, destructive device, detonator, or weapon of mass destruction.
archive.wispolitics.com /freeser/pr/pr0201/Jan24/pr02012413.html   (687 words)

  
 2C39 NJ Statute   (Site not responding. Last check: 2007-10-14)
When a firearm, weapon, destructive device, silencer, or explosive described in this chapter is found in a vehicle, it is presumed to be in the possession of the occupant if there is but one.
Any person who has in his possession any destructive device with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.
The device shall be used solely to repel only those canine or other animal attacks when the canines or other animals are not restrained in a fashion sufficient to allow the employee to properly perform his duties.
www.obrpc.org /2c39.htm   (5836 words)

  
 The Vermont Statutes Online
(3) "Hoax device" means any device so designed, assembled, fabricated or manufactured as to convey the physical appearance of an explosive or incendiary bomb or the physical appearance of any of the devices enumerated in subdivisions (A)-(F) of division (1) of this section which is lacking an explosive or incendiary charge.
A person who manufactures, possesses, stores or transports a destructive device or a hoax device shall be imprisoned for not more than 10 years or fined not more than $5,000.00, or both.
A person who purposely and maliciously uses a destructive device to injure a person or to damage or destroy the property of another shall be imprisoned for not more than 20 years or fined not more than $10,000.00 or both.
www.leg.state.vt.us /statutes/fullchapter.cfm?Title=13&Chapter=037   (774 words)

  
 Engrossed Version, House Bill 1121
(2) A destructive device, weapon, device, taser (as defined in IC 35-47-8-3) or electronic stun weapon (as defined in IC 35-47-8-1), equipment, chemical substance, or other material that in the manner it is used, or could ordinarily be used, or is intended to be used, is readily capable of causing serious bodily injury.
A physician or hospital that has reason to believe that the physician or hospital is treating a person for an injury inflicted while the person was making or using a destructive device shall report the injury to a local law enforcement agency under IC 35-47-7-5.
a hoax device or replica with the intent to cause another to believe that the hoax device or replica is a destructive device or detonator commits a Class D felony.
www.in.gov /legislative/bills/2002/EH/EH1121.2.html   (6280 words)

  
 Arizona Law
All such weapons, electric weapons or devices, and arms not needed by the said sheriff may be loaned to any other department of the state or to any county or municipality having use for such weapons, electric weapons or devices, and arms.
All weapons, electric weapons or devices, and arms which are not needed or which are useless or unfit for use shall be destroyed or otherwise disposed of by the sheriff as provided in chapter 705 or as provided in the Florida Contraband Forfeiture Act.
It is unlawful for any person to threaten to throw, project, place, or discharge any destructive device with intent to do bodily harm to any person or with intent to do damage to any property of any person, and any person convicted thereof commits a felony of the second degree, punishable as provided in s.
www30.brinkster.com /daver120/Florida_laws.htm   (12455 words)

  
 Jerry Wayne Hass Sentencing Press Release   (Site not responding. Last check: 2007-10-14)
Hass confessed to constructing the device, which was a green tennis ball containing gunpowder, a shotgun slug,.22 caliber bullets, and buckshot, all tightly wrapped in duct tape with a protruding fuse.
He furthered admitted to having constructed the device to be used as a weapon.
Hass retrieved the destructive device, walked to the cooperating witness's vehicle, and put the weapon in the truck of the vehicle.
www.usdoj.gov /usao/txn/PressRel04/hass_sen_pr.html   (343 words)

  
 Why is a SPAS a SPAS?
Note that if something is a destructive device it becomes just like a machine gun in that transferring it requires paperwork, fingerprints, Police signatures, $200 transfer fees, and a 6+ month wait.
device" in the GCA (18 U.S.C. § 921(a)(4)) is identical to that in the NFA.
Accordingly, the Striker-12/Streetsweeper is a destructive device as that term is
spas12.com /spas.htm   (1248 words)

  
 D:\WEBPAGE\NRA1998\99MEET~1\violations.html   (Site not responding. Last check: 2007-10-14)
And they committed many violations of laws against destruction of property, such as in the school building and the cars in the parking lot outside.
A federal nexus is through 18 U.S.C. 922(q), prohibiting the discharge of a firearm, on school property, with reckless disregard for the safety of another person.
Penalty is 10 years if a firearm; 30 years if a "destructive device" (bomb, etc.).
www.nrawinningteam.com /meeting99/violations.html   (1002 words)

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