The Boston bombing case has led to an interesting thought. If the brothers had been caught before setting the bombs, it’s possible that they could have been convicted of a Conspiracy offense. But if there was just one of them, and they had been caught with a pressure cooker bomb before they attempted to harm anyone with it, could they have been convicted of anything?
Are there any laws or cases in the US (Federal, state, municipal, territorial, etc.) that would indicate whether or not manufacturing, possessing, buying, selling, or carrying an Improvised Explosive Device (IED) such as that used by the Tsarnaev brothers would or would not be illegal on its own, without any intent to use the bomb to commit a crime?
It’s fairly easy in many jurisdictions in the US to carry a concealed handgun with intent to use it only for lawful purposes such as self defense. What about an IED? Could someone with a Concealed Carry permit legally drive around with an IED in the glove compartment as protection against an armed carjacker or hungry grizzly bear? Can convicted felons who are barred from possessing firearms possess an IED?
I would imagine an IED is classified as a Dangerous Ordnance, therefore any non licensed possession of any such is illegal.
A catch all would be Possession of Criminal Tools, as having such in your posession is enough probable cause to believe it wil be used for criminal purposes, regardless of the alleged cuplable mental state of the person at the time of arrest, of course they will say it is only for show and tell.
Such a thing is classified as a “Destructive Device” and is ordinarily illegal to construct or possess. With the correct qualifications and facilities, it might be possible obtain licenses/permits to legally build something like that. Like say if you were doing research on countermeasures for such devices, and needed to build them to test with.
What are the laws regarding this. Suppose I live in a state where firecrackers are legal, could I make my own large firecracker without running afoul of the law?
Standard disclaimer that it may vary from state to state.
It’s not per se illegal to purchase or possess firecrackers in the state of Texas (it varies both by city and county - for example, they’re illegal in my city but not unincorporated parts of my county).
But you do need licenses to manufacture, store, or sell fireworks. And the licensing requirements vary by the size of the fireworks from the stuff your kids might shoot to the big Dallas or Houston 4th of July displays.
Also, the legal definition of “firework” itself does not cover all explosive devices but only the sort that most people would recognize as ‘standard’ fireworks. I’m not 100% sure, but I’m guessing a grenade would not be included in any standard fireworks licensing.
Indeed not. In Texas it is illegal to possess, manufacture, transport, repair or sell an “explosive weapon”, which explicitly includes grenades (as well as rockets, bombs, and mines). That’s from Section 46 of the Texas Penal Code. I’m not an expert in that area of the law but it clearly seems to prohibit an individual from possessing an IED.
You’d need hazardous material placards if you’re transporting them in a vehicle. And the proper endorsement on your license when transporting said device.
At one time, there was a law (at least proposed) in CA to prohibit the possession of the the components on an explosive device.
Fine.
That takes out the guy applying chemical fertilizer using a diesel-powered device with a bottle of beer in his hand.
It also takes out me driving home from the grocery.
The first has the gear used to take out the Federal Building in Oklahoma city; If the is a glass container in the groceries, I have the makings of a Molotov.
I love the thought processes behind these laws.
Oh - the “fertilizer bomb” was (probably) referenced in a Warner Bros Cartoon (“Hobby Horse-Laffs”, 1942) and is known to every farm boy since the invention of the stuff.
For what it’s worth, in Massachusetts you can have up to two pounds of black powder without any license, permit or reporting. Explosives are regulated by the State Fire Marshal’s office. Code .pdf file