PC 17700-17745:
Destructive Device Definitions

California Penal Code Section 17700 exempts antique firearms from the provisions listed in Section 16590.^[1]

Primary Definition (PC 16460)

Section 16460 defines "destructive device" to include the weapons specified in its subdivisions. These include projectiles containing explosive or incendiary material or other chemical substances, including tracer or incendiary ammunition, except tracer ammunition manufactured for use in shotguns. A bullet containing or carrying an explosive agent is excluded by subdivision (b). The definition also includes any bomb, grenade, explosive missile, or similar device or any launching device for it. It includes rockets, rocket-propelled projectiles, or similar devices greater than 0.60 inch in diameter, or their launching devices, and such devices containing explosive or incendiary material or another chemical substance other than propellant, except devices designed primarily for emergency or distress signaling. It also includes weapons greater than 0.60 caliber that fire fixed ammunition, or ammunition for them, other than shotguns (smooth or rifled bore) conforming to the definition of a destructive device in 27 CFR 479.11(b), shotgun ammunition, antique rifles, or antique cannons.

Included Items

The definition also includes sealed devices containing dry ice or other chemically reactive substances assembled to cause an explosion by a chemical reaction. It includes breakable containers containing a flammable liquid with a flashpoint of 150 degrees Fahrenheit or less and a wick or similar ignition device, other than devices commercially manufactured primarily for illumination.

Exemptions and Definition Exceptions

Sections 17710 through 17745 provide exemptions from provisions listed in Section 16590.^[2] The destructive device definition in Section 16460 separately provides exceptions for the following items.

• Tracer ammunition manufactured for use in shotguns
• Shotguns conforming to the definition specified in 27 CFR 479.11(b), and shotgun ammunition
• Antique rifles and antique cannons
• Rocket devices designed primarily for emergency or distress signaling
• Devices commercially manufactured primarily for illumination, under the flammable-container provision
• Bullets containing or carrying an explosive agent, under subdivision (b)

Permits for Destructive Devices

California provides a permit system for destructive devices under Penal Code Section 18900. It also provides for permits for assault weapons and .50 BMG rifles under Penal Code Section 31000, subject to that section's conditions. PC 18900 requires destructive-device permits for dealers, manufacturers, importers, exporters, and motion picture or television studios using the devices in their business. Other persons, firms, and corporations, including demolition companies and museums, must obtain a DOJ permit to possess or transport a destructive device. Applications must describe the intended use.^[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 under Penal Code Section 18710 is punishable by up to one year in county jail, or by 16 months, two years, or three years in state prison, or by a fine of up to $10,000, or by both a fine and imprisonment. Possessing materials with intent to make a destructive device or explosive without first obtaining a valid permit is punishable under PC 18720 by two, three, or four years of imprisonment pursuant to PC 1170(h). Except as provided by the destructive-device chapter, selling, offering for sale, or knowingly transporting a destructive device other than fixed ammunition greater than .60 caliber is punishable under PC 18730 by two, three, or four years of imprisonment pursuant to PC 1170(h). Possessing, exploding, igniting, or attempting to explode or ignite a destructive device or explosive with intent to injure, intimidate, or terrify a person, or wrongfully injure or destroy property, is punishable under PC 18740 by three, five, or seven years of imprisonment pursuant to PC 1170(h).^[4]