TNHarley
Diamond Member
- Sep 27, 2012
- 96,044
- 59,577
- 2,605
<sigh>What Are "Destructive Devices"?
Under the NFA, the term "destructive device" includes three types of explosives or weapons:
The problematic part of the "destructive device" definition is the third definition. While it's clear that a person's state of mind is not relevant when dealing with devices that fall into one of the first two categories, that's not the case with the third. Courts have come to inconsistent conclusions when considering whether the state of mind of the person charged matters, when caught with a combination of components, or an assembled device, that could be used either innocently or for destructive purposes.
- Bombs, grenades, rockets, missiles, and mines (and similar devices). Military grenades fit into this category. How a defendant intends to use the device is irrelevant—mere possession is enough for a conviction.
- Any type of weapon, no matter its name, that will (or may be readily converted to) expel a projectile using an explosive or other propellant (with a barrel bore of more than one-half inch; certain shotguns may be excepted). As in category 1, the intended use is not relevant, because possession alone is all that's required for a conviction.
- Any combination of parts either designed or intended for use in converting any device into a destructive device as defined in (1) and (2) and from which a destructive device may be readily assembled. The term ‘destructive device' does not include any device that is neither designed nor redesigned for use as a weapon (such as a stick of commercial dynamite); or any device, although originally designed for use as a weapon, that is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device.
How Do Courts Decide What Is a "Destructive Device"?
Courts have adopted three approaches to deciding whether an item, or collection of items, constitutes a destructive device, which would include a hand grenade. Whether a non-military "grenade" is actually a grenade for purposes of the NFA will depend on the court's choice.
Is it Legal to Own Hand Grenades?
"Hand grenades" include many more devices besides live military weapons. Often, what constitutes a hand grenade will depend on the view of the court making the deciswww.criminaldefenselawyer.com
Grenades are title II weapons and simply require the proper paperwork and $$.

What is the ATF 5320.4 Application for Tax Paid Transfer and Registrat
What is the ATF 5320.4 Application for Tax Paid Transfer and Registration of Firearm? ATF Form Name: ATF 5320.4 Application for Tax Paid Transfer and Registration of Firearm Commonly Referred to as: ATF Form 4 Purpose of ATF 5320.4: The ATF 5320.4 form is used to apply for a paid tax stamp and...
