Wednesday, November 28, 2018

US v. Kirkland, No. 16-10514 (11-28-18)(Watford w/Fisher & Friedland).

At what point do parts and pieces become an illegal “destructive device” under § 921(a)(4)(C)?  The test is whether it “may be readily assembled.” This includes acquisition of a part (here 8 C-cell batteries) which causes the device to become operational. The defendant conceded that the homemade device had all the components, including the explosive, except for the batteries. The 9th, in affirming the conviction against a sufficiency challenge, and the sentencing enhancement, concluded the parts to make this operation were readily and easily available.  The defendant’s reading of the statute, requiring all the components to be there, is “at war,” writes the panel, with the purpose of the “combination of parts” provision of the statute.

The decision is here:



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