Possession of destructive device prohibited
- exceptions
Source:
Section 166.382 — Possession of destructive device prohibited; exceptions, https://www.oregonlegislature.gov/bills_laws/ors/ors166.html
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Notes of Decisions
Where pyrotechnic device was modified to be capable of exploding, pyrotechnic device ceased to qualify for exception from definition of “destructive device.” State ex rel Juvenile Dept. v. Garrett, 193 Or App 629, 91 P3d 830 (2004)
Possession of destructive device and manufacture of destructive device (ORS 166.384) require proof of different elements, precluding merger of offenses. State v. Luers, 211 Or App 34, 153 P3d 688 (2007), modified 213 Or App 389, 160 P3d 1013 (2007)
“Bomb” may include device in container or with safety feature enabled. State v. Johnson, 250 Or App 429, 280 P3d 1026 (2012), Sup Ct review denied
Because “destructive device” does not include devices designed primarily for pyrotechnic use, defendant who possessed tennis ball filled with smokeless gunpowder and make-shift fuse but intended primarily for pyrotechnic use did not possess destructive device under this section. State v. J.N.S., 258 Or App 310, 308 P3d 1112 (2013)