Editing Destructive device (section)

{{Short description|Device regulated by the US National Firearms Act}}
{{one source|date=December 2014}}
In the United States, a '''destructive device''' is a type of firearm or explosive device [[Gun control|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 [[grenade]]s, grenade launchers, artillery weapons,<ref>{{cite web |url=https://www.atf.gov/firearms/firearms-guides-importation-verification-firearms-national-firearms-act-definitions-1 |title = Firearms - Guides - Importation & Verification of Firearms - National Firearms Act Definitions - Destructive Device {{!}} Bureau of Alcohol, Tobacco, Firearms and Explosives}}</ref> and firearms [https://www.law.cornell.edu/uscode/text/26/5845 (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 have] a [[Gauge (firearms)|bore]] over one half of an inch (.50 inches or 12.7&nbsp;mm), excluding some [[rifle]]s and most [[shotgun]]s, both [[semi-automatic shotgun|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 definition of a "destructive device" is found in {{UnitedStatesCode|26|5845}}(f).  The definition reads as follows:

: (1) any [[explosive]], [[Incendiary device|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 (109.4 grains or 7.09 grams), (E) [[Land mine|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 [[United States Secretary of the Army|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.<ref name="usc">The National Firearms Act. Title 26 [[United States Code]], Chapter 53, Internal Revenue Code.</ref>

The term "Secretary" originally referred to the [[United States Secretary of the Treasury|Secretary of the Treasury]], as the National Firearms Act is part of the Internal Revenue Code of 1986—since the BATF's transfer to the [[United States Department of Justice|Department of Justice]] in 2002, the term "Secretary" now refers to the [[United States Attorney General|Attorney General]].<ref>{{cite web|website=atf.gov
|url=http://www.atf.gov/files/publications/download/p/atf-p-5320-8/atf-p-5320-8-appendix-a.pdf|title=Appendix A. NFA, 26 U.S.C. Chapter 53
|access-date=25 June 2023
|archive-url=https://web.archive.org/web/20130903020541/https://www.atf.gov/files/publications/download/p/atf-p-5320-8/atf-p-5320-8-appendix-a.pdf
|archive-date=3 September 2013
|url-status=live}}</ref>

[[Muzzleloader|Muzzle-loading]] 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.