Unlawful manufacture of destructive device
Source:
Section 166.384 — Unlawful manufacture of destructive device, https://www.oregonlegislature.gov/bills_laws/ors/ors166.html.
Notes of Decisions
Bomb is “destructive device” regardless of magnitude of destructive capacity. State ex rel Juvenile Dept. v. Garrett, 193 Or App 629, 91 P3d 830 (2004)
Possession of destructive device (ORS 166.382) and manufacture of destructive device 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)
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 unlawfully manufacture destructive device under this section. State v. J.N.S., 258 Or App 310, 308 P3d 1112 (2013)
Where defendant made devices containing smokeless powder and snap pop fireworks and told law enforcement that devices were fireworks that defendant wanted to hear “go boom,” devices were not “destructive devices” as used in this section because devices were designed or redesigned primarily as pyrotechnic devices to provide visible or audible effect. State v. Bluel, 285 Or App 358, 397 P3d 497 (2017)
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