PC 18710:
Destructive Device Prohibition

California Penal Code Section 18710^[1] provides that, except as authorized by law, any person, firm, or corporation who possesses any destructive device within California is guilty of a public offense. The statute specifically excepts fixed ammunition of a caliber greater than .60 caliber from the definition of prohibited items under this section.

Definition of Destructive Device

The term "destructive device" is defined in Penal Code Section 16460.^[2] It encompasses six categories of weapons and devices:

- Explosive or incendiary projectiles: Any projectile containing explosive or incendiary material or any other chemical substance, including tracer or incendiary ammunition, with specific exceptions for certain shotgun ammunition
- Bombs and grenades: Any bomb, grenade, explosive missile, or similar device, and any launching device for such items
- Large-bore weapons: Any weapon greater than 0.60 caliber that fires fixed ammunition, or ammunition for it, except shotguns conforming to the definition specified in 27 CFR 479.11(b), shotgun ammunition, antique rifles, and antique cannons
- Rockets: Any rocket, rocket-propelled projectile, or similar device of a diameter greater than 0.60 inch, including those containing explosive materials, with exceptions for emergency signaling devices
- Incendiary containers: Any breakable container that contains a flammable liquid with a flash point of 150 degrees Fahrenheit or less and has a wick or similar ignition device (commonly known as Molotov cocktails), excluding commercially manufactured illumination devices
- Chemical reaction devices: Any sealed device containing dry ice (CO2) or other chemically reactive substances assembled for the purpose of causing an explosion

Permit System

Penal Code Section 33300^[3] authorizes the California Department of Justice to issue permits for the possession, transportation, and use of destructive devices. Permits are typically issued to law enforcement agencies, licensed pyrotechnics operators, film and entertainment industry companies for special effects, licensed demolition contractors, and bona fide research institutions.

Private individuals may apply for a destructive device permit, but approval is discretionary and rare. The applicant must demonstrate a legitimate purpose and comply with all storage, transportation, and use requirements imposed by the DOJ.

Large-Bore Firearms

Section 16460(a)(3) includes weapons greater than 0.60 caliber that fire fixed ammunition, or ammunition for them, subject to its exceptions for qualifying shotguns, shotgun ammunition, antique rifles, and antique cannons. Federal law exempts antique firearms as defined in 26 U.S.C. 5845(g), which includes conditions concerning ignition systems and the availability of fixed ammunition. California's large-bore destructive-device provision excludes antique rifles and antique cannons under PC 16460(a)(3). Modern reproductions of antique cannons that fire fixed ammunition may require a destructive device permit. The statute's explicit exception for fixed ammunition greater than .60 caliber means that merely possessing large-caliber rounds, without the weapon, does not violate Section 18710.

Federal Overlap

Destructive devices are also regulated under the National Firearms Act (26 U.S.C. 5801 et seq.) at the federal level. Federal registration is required. Making or transferring a destructive device generally requires payment of a $200 tax, subject to statutory exemptions. However, California's prohibition is broader than the federal framework. Even a federally registered destructive device may not be possessed in California without a state-issued permit under Section 33300.

Penalties

A violation of Section 18710 is punishable by imprisonment in a county jail not exceeding one year, or by imprisonment in state prison, or by a fine not to exceed ten thousand dollars ($10,000), or by both a fine and imprisonment.^[1] The offense is a wobbler, meaning prosecutors have discretion to charge it as either a misdemeanor (county jail) or a felony (state prison).