2009 California Penal Code - Section 12301-12312 :: Chapter 2.5. Destructive Devices

PENAL CODE
SECTION 12301-12312

12301.  (a) The term "destructive device," as used in this chapter,
shall include any of the following weapons:
   (1) Any projectile containing any explosive or incendiary material
or any other chemical substance, including, but not limited to, that
which is commonly known as tracer or incendiary ammunition, except
tracer ammunition manufactured for use in shotguns.
   (2) Any bomb, grenade, explosive missile, or similar device or any
launching device therefor.
   (3) Any weapon of a caliber greater than 0.60 caliber which fires
fixed ammunition, or any ammunition therefor, other than a shotgun
(smooth or rifled bore) conforming to the definition of a
"destructive device" found in subsection (b) of Section 479.11 of
Title 27 of the Code of Federal Regulations, shotgun ammunition
(single projectile or shot), antique rifle, or an antique cannon. For
purposes of this section, the term "antique cannon" means any cannon
manufactured before January 1, 1899, which has been rendered
incapable of firing or for which ammunition is no longer manufactured
in the United States and is not readily available in the ordinary
channels of commercial trade. The term "antique rifle" means a
firearm conforming to the definition of an "antique firearm" in
Section 479.11 of Title 27 of the Code of Federal Regulations.
   (4) Any rocket, rocket-propelled projectile, or similar device of
a diameter greater than 0.60 inch, or any launching device therefor,
and any rocket, rocket-propelled projectile, or similar device
containing any explosive or incendiary material or any other chemical
substance, other than the propellant for that device, except those
devices as are designed primarily for emergency or distress signaling
purposes.
   (5) Any breakable container which contains a flammable liquid with
a flashpoint of 150 degrees Fahrenheit or less and has a wick or
similar device capable of being ignited, other than a device which is
commercially manufactured primarily for the purpose of illumination.
   (6) Any sealed device containing dry ice (CO2) or other chemically
reactive substances assembled for the purpose of causing an
explosion by a chemical reaction.
   (b) The term "explosive," as used in this chapter, shall mean any
explosive defined in Section 12000 of the Health and Safety Code.

12302.  Nothing in this chapter shall prohibit the sale to, purchase
by, or possession, transportation, storage, or use of, destructive
devices or explosives by:
   (a) Any peace officer listed in Section 830.1 or 830.2, or any
peace officer in the Department of Justice authorized by the Attorney
General, while on duty and acting within the scope and course of his
or her employment.
   (b) Any member of the Army, Navy, Air Force, or Marine Corps of
the United States, or the National Guard, while on duty and acting
within the scope and course of his or her employment.
   Nothing in this chapter prohibits the sale to, or the purchase,
possession, transportation, storage, or use by any person who is a
regularly employed and paid officer, employee, or member of a fire
department or fire protection or firefighting agency of the federal
government, the State of California, a city, county, city and county,
district, or other public or municipal corporation or political
subdivision of this state, while on duty and acting within the scope
and course of his or her employment, of any equipment used by that
department or agency in the course of fire suppression.

12303.  Any person, firm, or corporation who, within this state,
possesses any destructive device, other than fixed ammunition of a
caliber greater than .60 caliber, except as provided by this chapter,
is guilty of a public offense and upon conviction thereof shall be
punished by imprisonment in the county jail for a term not to exceed
one year, or in state prison, or by a fine not to exceed ten thousand
dollars ($10,000) or by both such fine and imprisonment.

12303.1.  Every person who willfully does any of the following is
guilty of a felony and is punishable by imprisonment in the state
prison for two, four, or six years:
   (a) Carries any explosive or destructive device on any vessel,
aircraft, car, or other vehicle that transports passengers for hire.
   (b) Places or carries any explosive or destructive device, while
on board any such vessel, aircraft, car or other vehicle, in any hand
baggage, roll, or other container.
   (c) Places any explosive or destructive device in any baggage
which is later checked with any common carrier.

12303.2.  Every person who recklessly or maliciously has in his
possession any destructive device or any explosive on a public street
or highway, in or near any theater, hall, school, college, church,
hotel, other public building, or private habitation, in, on, or near
any aircraft, railway passenger train, car, cable road or cable car,
vessel engaged in carrying passengers for hire, or other public place
ordinarily passed by human beings is guilty of a felony, and shall
be punishable by imprisonment in the state prison for a period of
two, four, or six years.

12303.3.  Every person who possesses, explodes, ignites, or attempts
to explode or ignite any destructive device or any explosive with
intent to injure, intimidate, or terrify any person, or with intent
to wrongfully injure or destroy any property, is guilty of a felony,
and shall be punished by imprisonment in the state prison for a
period of three, five, or seven years.

12303.6.  Any person, firm, or corporation who, within this state,
sells, offers for sale, or knowingly transports any destructive
device, other than fixed ammunition of a caliber greater than .60
caliber, except as provided by this chapter, is guilty of a felony
and is punishable by imprisonment in the state prison for two, three
or four years.

12304.  Any person, firm or corporation who, within this state,
sells, offers for sale, possesses or knowingly transports any fixed
ammunition of a caliber greater than .60 caliber, except as provided
in this chapter, is guilty of a public offense and upon conviction
thereof shall be punished by imprisonment in the county jail for a
term not to exceed six months or by a fine not to exceed one thousand
dollars ($1,000), or by both such fine and imprisonment.
   A second or subsequent conviction shall be punished by
imprisonment in the county jail for a term not to exceed one year, or
by imprisonment in the state prison, or by a fine not to exceed
three thousand dollars ($3,000), or by both such fine and
imprisonment.

12305.  (a) Every dealer, manufacturer, importer, and exporter of
any destructive device, or any motion picture or television studio
using destructive devices in the conduct of its business, shall
obtain a permit for the conduct of that business from the Department
of Justice.
   (b) Any person, firm, or corporation not mentioned in subdivision
(a) shall obtain a permit from the Department of Justice in order to
possess or transport any destructive device. No permit shall be
issued to any person who meets any of the following criteria:
   (1) Has been convicted of any felony.
   (2) Is addicted to the use of any narcotic drug.
   (3) Is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm.
   (c) Applications for permits shall be filed in writing, signed by
the applicant if an individual, or by a member or officer qualified
to sign if the applicant is a firm or corporation, and shall state
the name, business in which engaged, business address and a full
description of the use to which the destructive devices are to be
put.
   (d) Applications and permits shall be uniform throughout the state
on forms prescribed by the Department of Justice.
   (e) Each applicant for a permit shall pay at the time of filing
his or her application a fee not to exceed the application processing
costs of the Department of Justice. A permit granted pursuant to
this article may be renewed one year from the date of issuance, and
annually thereafter, upon the filing of a renewal application and the
payment of a permit renewal fee not to exceed the application
processing costs of the Department of Justice. After the department
establishes fees sufficient in amount to cover processing costs, the
amount of the fees shall only increase at a rate not to exceed the
legislatively approved cost-of-living adjustment for the department.
   (f) Except as provided in subdivision (g), the Department of
Justice shall, for every person, firm, or corporation to whom a
permit is issued pursuant to this article, annually conduct an
inspection for security and safe storage purposes, and to reconcile
the inventory of destructive devices.
   (g) A person, firm, or corporation with an inventory of fewer than
five devices that require any Department of Justice permit shall be
subject to an inspection for security and safe storage purposes, and
to reconcile inventory, once every five years, or more frequently if
determined by the department.

12307.  The possession of any destructive device in violation of
this chapter shall be deemed to be a public nuisance and the Attorney
General or district attorney of any city, county, or city and county
may bring an action before the superior court to enjoin the
possession of any destructive device.
   Any destructive device found to be in violation of this chapter
shall be surrendered to the Department of Justice, or to the sheriff
or chief of police, if the sheriff or chief of police has elected to
perform the services required by this section. The department,
sheriff, or chief of police shall destroy the destructive device so
as to render it unusable and unrepairable as a destructive device,
except upon the filing of a certificate with the department by a
judge or district attorney stating that the preservation of the
destructive device is necessary to serve the ends of justice.

12308.  Every person who explodes, ignites, or attempts to explode
or ignite any destructive device or any explosive with intent to
commit murder is guilty of a felony, and shall be punished by
imprisonment in the state prison for life with the possibility of
parole.

12309.  Every person who willfully and maliciously explodes or
ignites any destructive device or any explosive which causes bodily
injury to any person is guilty of a felony, and shall be punished by
imprisonment in the state prison for a period of five, seven, or nine
years.

12310.  (a) Every person who willfully and maliciously explodes or
ignites any destructive device or any explosive which causes the
death of any person is guilty of a felony, and shall be punished by
imprisonment in the state prison for life without the possibility of
parole.
   (b) Every person who willfully and maliciously explodes or ignites
any destructive device or any explosive which causes mayhem or great
bodily injury to any person is guilty of a felony, and shall be
punished by imprisonment in the state prison for life.

12311.  No person convicted of a violation of this chapter shall be
granted probation, and the execution of the sentence imposed upon
such person shall not be suspended by the court.

12312.  Every person who possesses any substance, material, or any
combination of substances or materials, with the intent to make any
destructive device or any explosive without first obtaining a valid
permit to make such destructive device or explosive, is guilty of a
felony, and is punishable by imprisonment in the state prison for
two, three, or four years.


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