Armory Sponsor
Posted: 3/7/2013 7:39:28 AM EDT
|
The way I read 26 U.S.C. § 5845(f), any amount of explosive material in a grenade -- even black powder -- makes it a "destructive device." It doesn't matter if the shell casing is designed to burst, or if it is merely designed to emit a "puff and bang." Therefore, practice grenades such as the M21, etc., are regulated destructive devices unless they are completely empty of explosive.
Thoughts? |
|
But the definition in 26 U.S.C. § 5845(f) doesn't specify the purposes for which the devices are to be used. (After all, the "purpose" might be subjective, and this is one area of the criminal law where intent is irrelevant.) For example, a model rocket would be a destructive device if it contained more than 4 oz of propellant. I'm just throwing this out for discussion -- I'm not 100% sure of this myself.
|
|
I may be wrong, but I thought the rule was anything over 1/4 oz. of explosives is a destructive device. I dont much about the practice grenades iether, so they could have more than 1/4 oz.
ETA: Just found this in another thread. The relevant part of the 26 U.S.C. § 5845(f) definition of a "destructive device" 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. As you can see, the 1/4 ounce threshold on the explosive (bursting) charge relates only to a "missile" under (D). 1/4 oz or less in a "missile" is OK; over that and you have a destructive device. (This is the bursting charge, not the propellant charge. For the propellant charge, see (C) above.) There is no explosive threshold for a "bomb," "grenade," "mine," etc. Any amount of explosive at all in these makes them destructive devices. (I think the 1/4 ounce refers to a spotting charge in a tracer-type projectile.) |
![]() Quoted: The way I read 26 U.S.C. § 5845(f), any amount of explosive material in a grenade -- even black powder -- makes it a "destructive device." It doesn't matter if the shell casing is designed to burst, or if it is merely designed to emit a "puff and bang." Therefore, practice grenades such as the M21, etc., are regulated destructive devices unless they are completely empty of explosive. Thoughts? |
Armory Sponsor
