Destructive Devices

[Jabtime]

I read somewhere that Destructive Devices are illegal in Pennsylvania. Is this true?

[Kramer]

I read somewhere that Destructive Devices are illegal in Pennsylvania. Is this true?

There are two types of Destructive Devices: large bore (Anti-tank rifles and cannons, mortars, artillery, etc) and exploding (hand grenades, live mortar heads and other exploding projectiles and stuff).

Large Bore DDs are legal in P.A.

Exploding DDs are illegal in P.A. and are the only NFA not legal in the state.

BTW I love shooting my 20mm Lahti!

[ungawa]

Are poison gas DDs illegal in PA?

[GunLawyer001]

Are poison gas DDs illegal in PA?

I can honestly say that this is the very first time I've ever encountered that question.

My gut is that poison gas projectiles are banned by either or both state and federal law, but not by the UFA. Possibly as an instrument of crime, or by the EPA, or some other statute. It's likely prohibited under Section 908 as an "implement for the infliction of serious bodily injury which serves no common lawful purpose".

It really just doesn't come up in my practice, for which I'm thankful.

The weapon firing the projectiles could be anything, you could fire a 40mm poison gas round out of a DD, or a 12 gauge poison round from a Title I shotgun.

[ungawa]

I can honestly say that this is the very first time I've ever encountered that question.

My gut is that poison gas projectiles are banned by either or both state and federal law, but not by the UFA. Possibly as an instrument of crime, or by the EPA, or some other statute. It's likely prohibited under Section 908 as an "implement for the infliction of serious bodily injury which serves no common lawful purpose".

It really just doesn't come up in my practice, for which I'm thankful.

The weapon firing the projectiles could be anything, you could fire a 40mm poison gas round out of a DD, or a 12 gauge poison round from a Title I shotgun.

It's covered under NFA the same as exploding DDs.

I agree there are probably many restrictions outside the NFA, but you CAN file a Form 1 or Form 4 for them with the ATF.

I'm very glad it doesn't come up in your practice, and that's the reason I asked the question. It seems so unusual and so unheard of. If you read some of the NFA by state breakdown lists on the internet it seems some states specifically prohibit poison gas NFA and some states do not. For whatever those websites are worth. I've found that interesting since I've become a journeyman in NFA. It's a purely academic question.

[JayBell]

It's covered under NFA the same as exploding DDs.

I agree there are probably many restrictions outside the NFA, but you CAN file a Form 1 or Form 4 for them with the ATF.

I'm very glad it doesn't come up in your practice, and that's the reason I asked the question. It seems so unusual and so unheard of. If you read some of the NFA by state breakdown lists on the internet it seems some states specifically prohibit poison gas NFA and some states do not. For whatever those websites are worth. I've found that interesting since I've become a journeyman in NFA. It's a purely academic question.

Actually, Nuclear biological and chemical weapons are specifically outlawed in PA as weapons of mass destruction, not specific to PA NFA law.

§ 2716. Weapons of mass destruction.
(a) Unlawful possession or manufacture.--A person commits an
offense if the person, without lawful authority to do so,
intentionally, knowingly or recklessly possesses or manufactures
a weapon of mass destruction.
(b) Use.--A person commits an offense if the person, without
lawful authority to do so, intentionally, knowingly or
recklessly sells, purchases, transports or causes another to
transport, delivers or causes to be delivered or uses a weapon
of mass destruction and if such action causes any of the
following:
(1) Illness or injury to another individual.
(2) Damage to or disruption of a water or food supply or
public natural resources, including waterways, State forests
and parks, surface water, groundwater and wildlife.
(3) Evacuation of a building, place of assembly or
facility of public transportation.
(c) Grading.--
(1) A first offense under subsection (a) constitutes a
felony of the second degree. A subsequent offense under
subsection (a) constitutes a felony of the first degree.
(2) An offense under subsection (b)(1) constitutes a
felony of the first degree. If the offense results in the
death of an individual, the defendant shall be sentenced to
life imprisonment.
(3) An offense under subsection (b)(2) or (3)
constitutes a felony of the first degree.
(d) Restitution.--A person convicted of violating this
section shall, in addition to any other sentence imposed or
restitution ordered under 42 Pa.C.S. § 9721(c) (relating to
sentencing generally), be sentenced to pay restitution in an
amount equal to the cost of the evacuation, including, but not
limited to, fire and police response; emergency medical service
or emergency preparedness response; and transportation of an
individual from the building, place of assembly or facility.
(e) Preservation of private remedies.--No judgment or order
of restitution shall debar a person, by appropriate action, to
recover from the offender as otherwise provided by law, provided
that any civil award shall be reduced by the amount paid under
the criminal judgment.
(f) Possession.--For purposes of this section, an individual
shall not be deemed to be in possession of an agent if the
individual is naturally exposed to or innocently infected or
contaminated with the agent.
(g) Enforcement.--
(1) In addition to the authority conferred upon the
Attorney General under sections 205 and 206 of the act of
October 15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act, the Attorney General has the authority to
investigate and to institute criminal proceedings for a
violation of this section committed:
(i) anywhere in this Commonwealth;
(ii) in different counties; or
(iii) in this Commonwealth and another jurisdiction.
(2) Each district attorney has the authority to
investigate and to institute criminal proceedings for a
violation of this section.
(h) Jurisdiction.--No person charged with a violation of
this section shall have standing to challenge the authority of
the Attorney General under subsection (g)(1). If a challenge is
made in violation of this subsection, the challenge shall be
dismissed, and no relief shall be available in the courts of
this Commonwealth to the person making the challenge.
(i) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Biological agent." A natural or genetically engineered
pathogen, toxin, virus, bacteria, prion, fungus or microorganism
which causes infections, disease or bodily harm.
"Bomb." An explosive device used for unlawful purposes.
"Chemical agent." Any of the following:
(1) A nerve agent, including tabun (GA), sarin (GB),
soman (GD), GF and VX.
(2) A choking agent, including phosgene (CG) and
diphosgene (DP).
(3) A blood agent, including hydrogen cyanide (AC),
cyanogen chloride (CK) and arsine (SA).
(4) A blister agent. This paragraph includes:
(i) Mustard (H).
(ii) Sulfur mustard (HD).
(iii) HN-1.
(iv) HN-2.
(v) Nitrogen mustard (HN-3).
(vi) An arsenical, such as lewisite (L).
(vii) An urticant, such as CX.
(viii) An incapacitating agent, such as B2.
(5) Any other chemical element or compound which causes
death or bodily harm.
"Nuclear agent." A radioactive material.
"Weapon of mass destruction." A biological agent, bomb,
chemical agent or nuclear agent.
(June 28, 2002, P.L.481, No.82, eff. 60 days)

2002 Amendment. Act 82 added section 2716.
Cross References. Section 2716 is referred to in sections
5708, 6105 of this title.


and specific charges as a threat to use same

§ 2715. Threat to use weapons of mass destruction.
(a) Offense defined.--A person who intentionally:
(1) (Deleted by amendment).
(2) (Deleted by amendment).
(3) reports without factual basis of knowledge the
existence or potential existence of a weapon of mass
destruction; or
(4) threatens by any means the placement or setting of a
weapon of mass destruction;
commits an offense under this section. A separate offense shall
occur for each report or threat to place or set a weapon of mass
destruction.
(b) Penalty.--An offense under this section shall be graded
as follows:
(1) Except as set forth in paragraph (2), a misdemeanor
of the first degree.
(2) If the report or threat causes the occupants of a
building, place of assembly or facility of public
transportation to be diverted from their normal or customary
operations, a felony of the third degree.
(3) A felony of the second degree if the offense occurs
during a declared state of emergency and the report or threat
causes disruption to the operations of any person, business
entity or governmental agency where the weapon of mass
destruction is reported to exist or threatened to be placed
or set.
(c) Emergency response costs.--A person convicted of
violating this section shall, in addition to any other sentence
imposed or restitution ordered under 42 Pa.C.S. § 9721(c)
(relating to sentencing generally), be sentenced to pay
restitution in an amount equal to the cost of the evacuation,
including, but not limited to, fire and police response;
emergency medical service or emergency preparedness response;
and transportation of an individual from the building, place of
assembly or facility.
(c.1) Preservation of private remedies.--No judgment or
order of restitution shall debar a person, by appropriate
action, to recover from the offender as otherwise provided by
law, provided that any civil award shall be reduced by the
amount paid under the criminal judgment.
(c.2) Application of section.--This section shall not apply
to lawful conduct by a party to a labor dispute as defined in
the act of June 2, 1937 (P.L.1198, No.308), known as the Labor
Anti-Injunction Act, or to any constitutionally protected
activity.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Biological agent." A natural or genetically engineered
pathogen, toxin, virus, bacteria, prion, fungus or microorganism
which causes infections, disease or bodily harm.
"Bomb." An explosive device used for unlawful purposes.
"Chemical agent." Any of the following:
(1) A nerve agent, including tabun (GA), sarin (GB),
soman (GD), GF and VX.
(2) A choking agent, including phosgene (CG) and
diphosgene (DP).
(3) A blood agent, including hydrogen cyanide (AC),
cyanogen chloride (CK) and arsine (SA).
(4) A blister agent. This paragraph includes:
(i) Mustard (H).
(ii) Sulfur mustard (HD).
(iii) HN-1.
(iv) HN-2.
(v) Sulfur mustard (HN-3).
(vi) An arsenical, such as lewisite (L).
(vii) An urticant, such as CX.
(viii) An incapacitating agent, such as B2.
(5) Any other chemical element or compound which causes
death or bodily harm.
"Nuclear agent." A radioactive material.
"Weapon of mass destruction." A bomb, biological agent,
chemical agent or nuclear agent.
(Dec. 20, 2000, P.L.728, No.101, eff. 60 days; June 28, 2002,
P.L.481, No.82, eff. 60 days)

[bogey1]

looks like cs grenades are ok to own....

[ungawa]

Actually, Nuclear biological and chemical weapons are specifically outlawed in PA as weapons of mass destruction, not specific to PA NFA law.

§ 2716. Weapons of mass destruction.
(a) Unlawful possession or manufacture.--A person commits an
offense if the person, without lawful authority to do so,
intentionally, knowingly or recklessly possesses or manufactures
a weapon of mass destruction.
(b) Use.--A person commits an offense if the person, without
lawful authority to do so, intentionally, knowingly or
recklessly sells, purchases, transports or causes another to
transport, delivers or causes to be delivered or uses a weapon
of mass destruction and if such action causes any of the
following:
(1) Illness or injury to another individual.
(2) Damage to or disruption of a water or food supply or
public natural resources, including waterways, State forests
and parks, surface water, groundwater and wildlife.
(3) Evacuation of a building, place of assembly or
facility of public transportation.
(c) Grading.--
(1) A first offense under subsection (a) constitutes a
felony of the second degree. A subsequent offense under
subsection (a) constitutes a felony of the first degree.
(2) An offense under subsection (b)(1) constitutes a
felony of the first degree. If the offense results in the
death of an individual, the defendant shall be sentenced to
life imprisonment.
(3) An offense under subsection (b)(2) or (3)
constitutes a felony of the first degree.
(d) Restitution.--A person convicted of violating this
section shall, in addition to any other sentence imposed or
restitution ordered under 42 Pa.C.S. § 9721(c) (relating to
sentencing generally), be sentenced to pay restitution in an
amount equal to the cost of the evacuation, including, but not
limited to, fire and police response; emergency medical service
or emergency preparedness response; and transportation of an
individual from the building, place of assembly or facility.
(e) Preservation of private remedies.--No judgment or order
of restitution shall debar a person, by appropriate action, to
recover from the offender as otherwise provided by law, provided
that any civil award shall be reduced by the amount paid under
the criminal judgment.
(f) Possession.--For purposes of this section, an individual
shall not be deemed to be in possession of an agent if the
individual is naturally exposed to or innocently infected or
contaminated with the agent.
(g) Enforcement.--
(1) In addition to the authority conferred upon the
Attorney General under sections 205 and 206 of the act of
October 15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act, the Attorney General has the authority to
investigate and to institute criminal proceedings for a
violation of this section committed:
(i) anywhere in this Commonwealth;
(ii) in different counties; or
(iii) in this Commonwealth and another jurisdiction.
(2) Each district attorney has the authority to
investigate and to institute criminal proceedings for a
violation of this section.
(h) Jurisdiction.--No person charged with a violation of
this section shall have standing to challenge the authority of
the Attorney General under subsection (g)(1). If a challenge is
made in violation of this subsection, the challenge shall be
dismissed, and no relief shall be available in the courts of
this Commonwealth to the person making the challenge.
(i) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Biological agent." A natural or genetically engineered
pathogen, toxin, virus, bacteria, prion, fungus or microorganism
which causes infections, disease or bodily harm.
"Bomb." An explosive device used for unlawful purposes.
"Chemical agent." Any of the following:
(1) A nerve agent, including tabun (GA), sarin (GB),
soman (GD), GF and VX.
(2) A choking agent, including phosgene (CG) and
diphosgene (DP).
(3) A blood agent, including hydrogen cyanide (AC),
cyanogen chloride (CK) and arsine (SA).
(4) A blister agent. This paragraph includes:
(i) Mustard (H).
(ii) Sulfur mustard (HD).
(iii) HN-1.
(iv) HN-2.
(v) Nitrogen mustard (HN-3).
(vi) An arsenical, such as lewisite (L).
(vii) An urticant, such as CX.
(viii) An incapacitating agent, such as B2.
(5) Any other chemical element or compound which causes
death or bodily harm.
"Nuclear agent." A radioactive material.
"Weapon of mass destruction." A biological agent, bomb,
chemical agent or nuclear agent.
(June 28, 2002, P.L.481, No.82, eff. 60 days)

2002 Amendment. Act 82 added section 2716.
Cross References. Section 2716 is referred to in sections
5708, 6105 of this title.


and specific charges as a threat to use same

§ 2715. Threat to use weapons of mass destruction.
(a) Offense defined.--A person who intentionally:
(1) (Deleted by amendment).
(2) (Deleted by amendment).
(3) reports without factual basis of knowledge the
existence or potential existence of a weapon of mass
destruction; or
(4) threatens by any means the placement or setting of a
weapon of mass destruction;
commits an offense under this section. A separate offense shall
occur for each report or threat to place or set a weapon of mass
destruction.
(b) Penalty.--An offense under this section shall be graded
as follows:
(1) Except as set forth in paragraph (2), a misdemeanor
of the first degree.
(2) If the report or threat causes the occupants of a
building, place of assembly or facility of public
transportation to be diverted from their normal or customary
operations, a felony of the third degree.
(3) A felony of the second degree if the offense occurs
during a declared state of emergency and the report or threat
causes disruption to the operations of any person, business
entity or governmental agency where the weapon of mass
destruction is reported to exist or threatened to be placed
or set.
(c) Emergency response costs.--A person convicted of
violating this section shall, in addition to any other sentence
imposed or restitution ordered under 42 Pa.C.S. § 9721(c)
(relating to sentencing generally), be sentenced to pay
restitution in an amount equal to the cost of the evacuation,
including, but not limited to, fire and police response;
emergency medical service or emergency preparedness response;
and transportation of an individual from the building, place of
assembly or facility.
(c.1) Preservation of private remedies.--No judgment or
order of restitution shall debar a person, by appropriate
action, to recover from the offender as otherwise provided by
law, provided that any civil award shall be reduced by the
amount paid under the criminal judgment.
(c.2) Application of section.--This section shall not apply
to lawful conduct by a party to a labor dispute as defined in
the act of June 2, 1937 (P.L.1198, No.308), known as the Labor
Anti-Injunction Act, or to any constitutionally protected
activity.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Biological agent." A natural or genetically engineered
pathogen, toxin, virus, bacteria, prion, fungus or microorganism
which causes infections, disease or bodily harm.
"Bomb." An explosive device used for unlawful purposes.
"Chemical agent." Any of the following:
(1) A nerve agent, including tabun (GA), sarin (GB),
soman (GD), GF and VX.
(2) A choking agent, including phosgene (CG) and
diphosgene (DP).
(3) A blood agent, including hydrogen cyanide (AC),
cyanogen chloride (CK) and arsine (SA).
(4) A blister agent. This paragraph includes:
(i) Mustard (H).
(ii) Sulfur mustard (HD).
(iii) HN-1.
(iv) HN-2.
(v) Sulfur mustard (HN-3).
(vi) An arsenical, such as lewisite (L).
(vii) An urticant, such as CX.
(viii) An incapacitating agent, such as B2.
(5) Any other chemical element or compound which causes
death or bodily harm.
"Nuclear agent." A radioactive material.
"Weapon of mass destruction." A bomb, biological agent,
chemical agent or nuclear agent.
(Dec. 20, 2000, P.L.728, No.101, eff. 60 days; June 28, 2002,
P.L.481, No.82, eff. 60 days)

You're a little late.

Somebody referenced that earlier in the thread.

EDIT: Yeah, I guess that would make these items designed as weapons illegal "without lawful authority to do so." Thanks, Deadpan.

Regarding the reference,

(vi) An arsenical
(3) A blood agent, including hydrogen cyanide (AC)
(2) A choking agent, including phosgene (CG)

Are manufactured by at least a hundred companies in PA (educated guess), and purchased and used by at least a hundred other companies, including small shops. With no NFA registration. Some may be regulated by TSCA, but that doesn't even require an armed guard. "without lawful authority to do so" is my guess. If you comply with DCR, TSCA, DPCC, OSHA process safety, and RTK you can use most of those materials with wild abandon, even if you don't speak English. Small plating shops use some of this stuff, not to mention all manufacturers of basic chemicals.

[cmr076]

what about.... say.... a street sweeper striker?

[ungawa]

what about.... say.... a street sweeper striker?

If it doesn't explode (and maybe if it doesn't have poison gas) you can register it with ATF and be OK in PA. Provided it is legal in this country in the first place.