PC 17700-17745:
Destructive Device Definitions

California Penal Code Sections 17700 through 17745 define "destructive device," establishing the scope of one of the most heavily regulated weapons categories in California law.^[1]

Primary Definition (PC 17700)

Section 17700 defines "destructive device" through two distinct categories. The first category includes explosive and incendiary devices: any projectile containing an explosive or incendiary material, any bomb, any grenade, any rocket with a propellant charge exceeding four ounces, any missile having an explosive or incendiary charge exceeding one-quarter ounce, any mine, and any similar device. The second category includes certain large-bore firearms: any weapon (except a shotgun) that has a barrel with a bore greater than 0.60 caliber, measured at the point of projectile exit. This bore-size threshold captures weapons such as cannons and large-caliber single-shot firearms that exceed the normal range of sporting arms.

Included Items

The definition specifically includes: any sealed device containing a dry chemical mixture or other combustible material that, when ignited, is capable of producing a pressure wave; any explosive or incendiary ammunition (except standard shotgun shells and standard ammunition for rifles and handguns); and any type of weapon that can be readily converted to launch a projectile through explosive force and that has a bore greater than 0.60 caliber.

Exceptions (PC 17710-17745)

Sections 17710 through 17745 carve out exceptions from the destructive device definition.^[2] The term does not include:

• Commercially manufactured ammunition for use in standard firearms
• Black powder firearms and antique cannons that are muzzle-loading and incapable of firing fixed ammunition
• Signaling devices (flares, flare guns) when used for distress signaling in compliance with Coast Guard regulations
• Blank cartridge starter pistols used for athletic events
• Industrial tools that use explosive charges for fastening, cutting, or similar purposes (such as powder-actuated nail guns)
• Devices used by the military or law enforcement in the performance of official duties

Permits for Destructive Devices

Unlike assault weapons and .50 BMG rifles, California does provide a permit system for destructive devices under Penal Code Section 18900. The DOJ may issue a permit to possess a destructive device to persons who demonstrate a lawful purpose, such as demolition companies, film production companies, or museums.^[3] Permits are issued at the discretion of the DOJ and require detailed documentation of the purpose, storage arrangements, and security measures.

Penalties

Unlawful possession of a destructive device is a felony under Penal Code Section 18710, punishable by imprisonment in state prison for 16 months, 2 years, or 3 years. Manufacturing, selling, or transporting a destructive device without a permit carries the same penalty range. Using a destructive device in a crime of violence triggers significantly enhanced penalties.^[4]