A destructive device is a firearm or explosive device regulated by the National Firearms Act of 1934. It includes any explosive, incendiary, or poisonous gas and firearms with a bore greater than 1/2 inch. Possession and sale are taxed and regulated, but some states have banned private possession.
A destructive device is a particular type of firearm or weapon, as defined by the US Internal Revenue Code and is governed by the National Firearms Act (NFA) of 1934. This type of device is generally controlled, though not necessarily illegal, in the U.S. and certain fees and licenses must be obtained to own or operate such a device. The classification of these devices was established in an attempt to regulate the distribution and use of certain weapons after the end of Prohibition in the United States. A destructive device is typically defined as an explosive device or firearm with a barrel width greater than 1/2 inch (1.27 centimeter).
The NFA was established in an effort to decrease the use of highly destructive weapons by criminals, especially those involved in the illegal production and distribution of alcohol during Prohibition. An initial effort was made to outlaw the ownership and use of all firearms, but this was abandoned due to the Second Amendment to the United States Constitution. The law that was passed, however, identified and limited the use and ownership of a destructive device.
As set forth in United States Code Title 26, Subtitle E, Chapter 53, Subchapter B, Part I, Section 5845, the definition of a destructive device is anything that falls into one of three categories. It is “any explosive, incendiary, or poisonous gas” in the form of a “bomb, grenade, rocket with a propelling charge exceeding four ounces, missile with an explosive or incendiary charge exceeding a quarter of an ounce, mines, or similar device.” A destructive device is also a firearm of any kind, regardless of name, “whose barrel or barrels have a bore more than half an inch in diameter”; although exceptions are made for some rifles which are “recognized as being particularly suitable for sporting purposes”.
The US Code also states that “any combination of parts designed or intended for use in converting any device into a destructive device” as defined in the other two categories are also destructive devices. Any firearm or device that has been modified to serve a purpose other than the use of weapons, such as large-barreled firearms that have been modified for use as safety equipment, may be excluded from these definitions. Antiques and devices approved under special circumstances are also generally excluded from these restrictions. Possession or sale of a destructive device is typically taxed and regulated in the United States, although some states have banned the private possession of such devices, so care should be taken with anyone transporting such devices between US states.
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