This "objective" standard turns the "combination of parts" theory into one of strict liability, as is the case with possessing military weapons category 1 and weapons expelling a projectile category 2. The objective standard, while seemingly harsh, can have some surprising results, letting defendants off the hook even when they intended to make a weapon. The objective approach won't count unattached commercial blasting dynamite as a component part, because it is specifically excluded from the definition of a destructive device.
Unless the defendant has used the dynamite and actually assembled the weapon, there's no destructive device, and no conviction. So, for example, a person caught with many sticks of dynamite, unattached fuses and caps, and who states that he intends to help terrorists, will not be convicted under the "objective" approach.
As you can see, each approach explained above has its drawbacks. The subjective approach requires prosecutors to delve into the mind of the defendant, even when the circumstances are overwhelmingly suspicious.
The objective approach can result in harsh outcomes the student and his ill-advised homemade grenade will be convicted , as well as disquieting escapes from liability based on a technicality the dynamite possessor described above. Some courts take a different tack. The common sense approach works like this: The judge asks whether the device, in pieces or as assembled, possesses any innocent value—whether it's anything but a weapon.
If the answer is no, then that's the end of it—the subjective intent of the defendant isn't important. But if an innocent or legal use is possible, the subjective intent of the defendant is examined.
His statements and the circumstances surrounding the event can be used to prove an illegal motive or plan, or an innocent one. This mixed approach results in more satisfying outcomes for our scenarios noted above. The science student, convicted under the objective approach, would have a chance to prove that he had no intent to use the device or components in an illegal manner. And the terrorist helper would probably be convicted, for although his assemblage of dynamite, fuses, and caps could be used for benign projects, his stated purpose makes it clear that he had no such plans in mind.
The short answer is yes, when that's a military style, live grenade. But people who build devices themselves, or simply gather together the components of what could become a grenade, cannot know for sure whether their items, even assembled, will land them in legal hot water.
The answer will depend on the approach of the federal court in the area where any prosecution might be brought. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. This nifty powder can burn through almost anything. Having trouble getting through bunker doors?
Just put some of this powder on the hinges and let chemistry take over. You can buy this stuff with a demolition license, or you can make it at home. Be warned, the recipes online are very delicate. The military primarily uses it in a demolition role. It is found in grenades and is used to disable vehicles. This tiny gun can cause a lot of damage. No, we are not kidding. You will just need to have a class two license and register the gun with the ATF.
This makes target practice really interesting. This compound will explode under any type of high pressure or heat. Just take the binary compound, stick it to anything, shoot it, and watch it explode! These are legal to own. Yes, the mechanical fire-spitting dragon is completely federally legal.
Next: For the next weapon, we are not talking about a type of bubble gum. Would you consider owning one of these? Because, America. Only in our country would it be perfectly cool to own a fricken bazooka.
The only thing that is illegal about it is not registering the weapon or paying taxes on it. If you want to own a cannon, go for it. New, used or manufactured, you can own a cannon. My friends and I milled one out of solid brass when we were in high school. Crossbows were deployed in conflicts in Europe and East Asia for centuries; in China their use has been traced as far back as the 5th century BCE.
The military deployment of crossbows declined in line with increased use of gunpowder, but they are still used by special forces in Greece, Serbia, Spain and China. Katana swords are distinctive and deadly weapons can be traced back to 12th-century feudal Japan, where they were originally used by samurai. Their notoriety in more recent times has been given a significant boost by movie directors such as Akira Kurosawa and Quentin Tarantino, who have featured the swords prominently in some of their most popular works.
Distinctions are made between different periods of Japanese sword construction, and this in turn can affect the legality of the blades. In Ireland, katana blades made after known as shinsakuto are banned. In , blades over 20 inches long were outlawed in the United Kingdom following a number of attacks. In the U. A grenade launcher is a weapon you might expect to see in open warfare, but owning one is actually permitted in the U.
Classified by the National Firearms Act as a destructive device, the grenade launcher is legal in many places, as long as owners have correctly registered the weapon and passed the necessary background checks. That said, those interested in procuring and using one may not be allowed to fire anything more explosive than flares.
In , when Seattle police were tipped off about a rocket launcher seen in a car, they promptly called the bomb squad and then confiscated the weapon — although they later confirmed that it was unloaded and therefore legal to possess.
Perhaps best known as the weapon of choice for suave British spy John Steed in s TV series The Avengers , umbrellas with concealed blades remain legal in a number of places. Meanwhile, in the U. It looks devastating, but its origins actually lie in hand-held agricultural threshing tools used in various countries — in parts of Europe as well as Korea, Japan and China — during the Middle Ages. A number of variations emerged as this improvised weapon took shape, including versions with single or multiple iron balls at the end of the chain, and double-handled versions that evolved into weapons such as nunchaku.
Though the days of peasant armies wielding them may be over, these archaic weapons are still legal in parts of the U. The name Minigun actually originally related to a particular gun model made by General Electric, but it has gone on to become a more generalized term to describe all rifle-caliber Gatling-type guns that are externally powered, and indeed various other similarly configured guns.
These ferocious cannons feature multiple, revolving barrels and high rates of fire — in the case of the M Minigun, up to 6, rounds a minute. Astonishingly, such large, deadly weapons are legal to own in the U.
That said, the process of obtaining one may prove difficult and expensive. Predominantly associated with traditional Chinese martial arts, the chain whip generally comprises a handle with a series of flexible metal links leading to a spiked slashing point at the other end.
The weapon is capable of moving faster than the human eye can perceive, so users sometimes attach cloth flags to the end of the chain to create extra clues as to its location. This, combined with the extra stability the flags provide, helps prevent people from injuring themselves. Designs vary in length, and this intimidating weapon is also highly concealable owing to its flexibility and short handle. Nevertheless, it remains legal to own in most parts of the U.
As the name suggests, a flamethrower is an incendiary weapon that shoots out a torrent of fire. After their use in World War I, modern flamethrowers increased in usage and featured in other major 20th-century conflicts. Still, the usage of these weapons has been controversial in view of the dreadful way in which victims die, and the U.
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