Pen. Code, § 16460 · Division 2. DEFINITIONS
Pen. Code, § 16460
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) As used in Sections 16510, 16520, and 16780, and in Chapter 1 (commencing with Section 18710) of Division 5 of Title 2, “destructive device” includes any of the following weapons:
(1) Any projectile containing any explosive or incendiary material or any other chemical substance, including, but not limited to, that which is commonly known as tracer or incendiary ammunition, except tracer ammunition manufactured for use in shotguns.
(2) Any bomb, grenade, explosive missile, or similar device or any launching device therefor.
(3) Any weapon of a caliber greater than 0.60 caliber which fires fixed ammunition, or any ammunition therefor, other than a shotgun (smooth or rifled bore) conforming to the definition of a “destructive device” found in subsection (b) of Section 479.11 of Title 27 of the Code of Federal Regulations, shotgun ammunition (single projectile or shot), antique rifle, or an antique cannon.
(4) Any rocket, rocket-propelled projectile, or similar device of a diameter greater than 0.60 inch, or any launching device therefor, and any rocket, rocket-propelled projectile, or similar device containing any explosive or incendiary material or any other chemical substance, other than the propellant for that device, except those devices as are designed primarily for emergency or distress signaling purposes.
(5) Any breakable container that contains a flammable liquid with a flashpoint of 150 degrees Fahrenheit or less and has a wick or similar device capable of being ignited, other than a device which is commercially manufactured primarily for the purpose of illumination.
(6) Any sealed device containing dry ice (CO2) or other chemically reactive substances assembled for the purpose of causing an explosion by a chemical reaction.
(b) A bullet containing or carrying an explosive agent is not a destructive device as that term is used in subdivision (a).
Notes and commentary — not statutory text
History
Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=16460.
- Text hash
- sha256 04b26d1426ad6871a5074f1481984fe8a2c873094607c006c1a39ac9598b41bf
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Penal Code
- Pen. Code, § 16510Printed as Sections 16510, 16520, and 16780
- Pen. Code, § 16520Printed as Sections 16510, 16520, and 16780
- Pen. Code, § 16780Printed as Sections 16510, 16520, and 16780
- Pen. Code, pt. 6, tit. 2, div. 5, ch. 1Destructive Devices and Explosives GenerallyPrinted as Chapter 1 (commencing with Section 18710) of Division 5 of Title 2
Cited by 12 provisions
Provisions in this library whose text cites Pen. Code, § 16460. Each shows the citation as that text prints it.
Health and Safety Code
- Health & Saf. Code, § 1567.91Printed as Section 16460 of the Penal Code
- Health & Saf. Code, § 1568.096Printed as Section 16460 of the Penal Code
- Health & Saf. Code, § 1569.281Printed as Section 16460 of the Penal Code
- Health & Saf. Code, § 12000Printed as Section 16460 of the Penal Code
- Health & Saf. Code, § 12540Printed as Section 16460 of the Penal Code
Penal Code
Welfare and Institutions Code
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