# What prevents me from owning WMDs? **URL:** \ **Category:** Factual Questions\ **Created:** [September 13, 2013, 11:29pm UTC](https://boards.straightdope.com/t/what-prevents-me-from-owning-wmds/668808 "2013-09-13T23:29:15Z")\ **Posts on this page:** 9\ **Page:** 1
**Author:** ![IMfez](https://avatars.discourse-cdn.com/v4/letter/i/f07891/32.png) [@IMfez](https://boards.straightdope.com/u/IMfez)\ **Post date:** [September 13, 2013, 11:29pm UTC](https://boards.straightdope.com/t/what-prevents-me-from-owning-wmds/668808/1 "2013-09-13T23:29:15Z")
I heard that it’s technically legal for the average American citizen to own military-grade weapons including WMDs. I have been thinking of obtaining a nuclear missile, purely for defensive purposes. What is preventing me from doing this? ---
**Author:** ![Ethilrist](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ethilrist/32/4604_2.png) [@Ethilrist](https://boards.straightdope.com/u/Ethilrist)\ **Post date:** [September 13, 2013, 11:35pm UTC](https://boards.straightdope.com/t/what-prevents-me-from-owning-wmds/668808/2 "2013-09-13T23:35:49Z")
Cost, (covered) storage space, and availability of fissionable materials. ---
**Author:** ![aNewLeaf](https://avatars.discourse-cdn.com/v4/letter/a/ac91a4/32.png) [@aNewLeaf](https://boards.straightdope.com/u/aNewLeaf)\ **Post date:** [September 13, 2013, 11:44pm UTC](https://boards.straightdope.com/t/what-prevents-me-from-owning-wmds/668808/3 "2013-09-13T23:44:46Z")
I don’t think the original statement is necessarily true, that it’s legal to own ‘all’ military hardware. But nothing at all is stopping you from making all the poison gas you want to make. Do it safely. Creating a weaponized disease is more difficult, but should be possible if you study. Nukes aren’t cool enough, everybody will think you bought it. ---
**Author:** ![An\_Gadai](https://avatars.discourse-cdn.com/v4/letter/a/d6d6ee/32.png) [@An\_Gadai](https://boards.straightdope.com/u/An_Gadai)\ **Post date:** [September 13, 2013, 11:53pm UTC](https://boards.straightdope.com/t/what-prevents-me-from-owning-wmds/668808/4 "2013-09-13T23:53:50Z")
Ever hear of [David Hahn](http://en.wikipedia.org/wiki/David_Hahn)? I know he didn’t build weapons but he did attempt to build a nuclear reactor. ---
**Author:** ![MEBuckner](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mebuckner/32/2896_2.png) [@MEBuckner](https://boards.straightdope.com/u/MEBuckner)\ **Post date:** [September 14, 2013, 12:01am UTC](https://boards.straightdope.com/t/what-prevents-me-from-owning-wmds/668808/5 "2013-09-14T00:01:59Z")
Biological weapons: > [@](#): > > [18 U.S.C. 175](http://www.law.cornell.edu/uscode/text/18/175) > (a) In General.— Whoever knowingly develops, produces, stockpiles, transfers, acquires, retains, or possesses any biological agent, toxin, or delivery system for use as a weapon, or knowingly assists a foreign state or any organization to do so, or attempts, threatens, or conspires to do the same, shall be fined under this title or imprisoned for life or any term of years, or both. There is extraterritorial Federal jurisdiction over an offense under this section committed by or against a national of the United States. > (b) Additional Offense.— Whoever knowingly possesses any biological agent, toxin, or delivery system of a type or in a quantity that, under the circumstances, is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose, shall be fined under this title, imprisoned not more than 10 years, or both. In this subsection, the terms “biological agent” and “toxin” do not encompass any biological agent or toxin that is in its naturally occurring environment, if the biological agent or toxin has not been cultivated, collected, or otherwise extracted from its natural source. > (c) Definition.— For purposes of this section, the term “for use as a weapon” includes the development, production, transfer, acquisition, retention, or possession of any biological agent, toxin, or delivery system for other than prophylactic, protective, bona fide research, or other peaceful purposes. Chemical weapons: > [@](#): > > [18 U.S.C. 229](http://www.law.cornell.edu/uscode/text/18/229): > (a) Unlawful Conduct.— Except as provided in subsection (b), it shall be unlawful for any person knowingly— > (1) to develop, produce, otherwise acquire, transfer directly or indirectly, receive, stockpile, retain, own, possess, or use, or threaten to use, any chemical weapon; or > (2) to assist or induce, in any way, any person to violate paragraph (1), or to attempt or conspire to violate paragraph (1). Nuclear weapons: > [@](#): > > [42. U.S.C. 2122](http://www.law.cornell.edu/uscode/text/42/2122): > It shall be unlawful, except as provided in section 2121 of this title, for any person, inside or outside of the United States, to knowingly participate in the development of, manufacture, produce, transfer, acquire, receive, possess, import, export, or use, or possess and threaten to use, any atomic weapon. Although I can’t find anywhere what the _penalty_ for developing, manufacturing, producing, acquiring, receiving, or possessing of an atomic weapon is. ---
**Author:** ![Airman\_Doors\_USAF](https://avatars.discourse-cdn.com/v4/letter/a/e36b37/32.png) [@Airman\_Doors\_USAF](https://boards.straightdope.com/u/Airman_Doors_USAF)\ **Post date:** [September 14, 2013, 12:04am UTC](https://boards.straightdope.com/t/what-prevents-me-from-owning-wmds/668808/6 "2013-09-14T00:04:57Z")
Nuclear weapons: All fissionable nuclear material in sufficient quantities to make even so much as a low-yield fission bomb are controlled by the Nuclear Regulatory Commission and the US Department of Energy, so you can forget that. Even if you have a uranium mine the enrichment process is arduous and isn’t a small operation, requiring certain things that would give you away were you to try to get them (aluminum tubes, anyone?). Everything else you might need to build one is otherwise available, including the explosives. It’s just physics, and while the specifics might be a secret a physicist ought to be able to create a workable model. Biological weapons: The first requirement is a suitable pathogen. The second requirement is a laboratory of sufficient size to reproduce it. The third requirement is a delivery system, and the fourth is a long-term storage. All of them exist, so the only thing stopping you is access and money. Good luck getting Ebola from the CDC, but anthrax is possible. Chemical weapons: Much the same as biological weapons. It isn’t exactly hard to synthesize ricin, for instance. But you want to know what’s stopping you in the sense that anyone actually cares about your Dr. Evil-type plan, don’t you? The governments of the world reserve the right to possess WMDs to themselves, and the US government would be all over you in a heartbeat were you to attempt to make one yourself and they found out. Aside from that, knock yourself out. You’ll never build a nuke, but aim lower and the world is your oyster. Just don’t get caught or you’ll be spending the rest of your life sleeping on a concrete bed by yourself at ADX Florence. ---
**Author:** ![IMfez](https://avatars.discourse-cdn.com/v4/letter/i/f07891/32.png) [@IMfez](https://boards.straightdope.com/u/IMfez)\ **Post date:** [September 14, 2013, 12:11am UTC](https://boards.straightdope.com/t/what-prevents-me-from-owning-wmds/668808/7 "2013-09-14T00:11:52Z")
The OP was meant as a joke. Let’s eliminate the creation hurdles now and say Russia is allowing me to buy a MIG with full, active weaponry. Am I still held back legally? ---
**Author:** ![coremelt](https://avatars.discourse-cdn.com/v4/letter/c/4491bb/32.png) [@coremelt](https://boards.straightdope.com/u/coremelt)\ **Post date:** [September 14, 2013, 12:49am UTC](https://boards.straightdope.com/t/what-prevents-me-from-owning-wmds/668808/8 "2013-09-14T00:49:44Z")
> [@IMfez](#): > > The OP was meant as a joke. Let’s eliminate the creation hurdles now and say Russia is allowing me to buy a MIG with full, active weaponry. Am I still held back legally? It depends on which MiG with which weapons and which state you live in. Fully automatic machine guns are banned so you couldn’t own the GSh-30-1 30 mm cannon from a MiG 29. Bombs and missiles in theory can be registered as destructive devices and owned by civilians in some states. > **[Destructive device](https://en.wikipedia.org/wiki/Destructive_device)** > > In the United States, a destructive device is a type of firearm or explosive device regulated by the National Firearms Act of 1934, revised by the Omnibus Crime Control and Safe Streets Act of 1968 and Gun Control Act of 1968. > Examples of destructive devices include grenades, grenade launchers, artillery weapons, and firearms (2) any type of weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, the ba... ---
**Author:** ![Gary\_Robson](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gary_robson/32/3448_2.png) [@Gary\_Robson](https://boards.straightdope.com/u/Gary_Robson)\ **Post date:** [September 14, 2013, 12:55am UTC](https://boards.straightdope.com/t/what-prevents-me-from-owning-wmds/668808/9 "2013-09-14T00:55:03Z")
> [@IMfez](#): > > The OP was meant as a joke. Let’s eliminate the creation hurdles now and say Russia is allowing me to buy a MIG with full, active weaponry. Am I still held back legally? [Moderator note] (a) GQ isn’t the forum for jokes (b) Your question (“Am I still held back legally?”) was answered rather comprehensively in post #5. I’m closing this down. If you want to continue the discussion, feel free to either start a debate about it in GD or a general chat in IMHO. [/Moderator note]