California Penal Code §18710 — Possession of Destructive Device
PC §18710 makes it a STRAIGHT FELONY to possess any DESTRUCTIVE DEVICE as defined in PC §16460 — bombs, grenades, explosive missiles, projectiles containing an explosive or incendiary material, projectiles greater than 0.60 caliber (with limited sporting exemptions), sealed devices containing dry-ice or chemical for causing explosion, and specified other devices. Felony exposure of 16 months, 2, or 3 years county jail under PC §1170(h). Related §18720 makes possession of any substance/material/combination WITH THE INTENT to make a destructive device a separate felony carrying 2, 3, or 4 years. Federal parallels: 26 USC §5861 (NFA registration) and 18 USC §842.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Possession of Destructive Device Cases in All LA County Courts
01 — Quick Facts
PC §18710 — Possession of Destructive Device at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §18710 — Possession of Destructive Device |
| Code Type | Penal Code (PC) |
| Classification | Felony (§1170(h)) |
| Penalty | 16 months, 2, or 3 years county jail (§1170(h)) |
| Controlling Definition | PC §16460 — destructive device defined to include bombs, grenades, explosive missiles, projectiles containing explosive/incendiary material, projectiles >0.60 caliber, and specified sealed dry-ice/chemical devices |
| Mens Rea Standard | Specific intent (§417.25) — otherwise general intent + In re Jorge M. knowledge gloss |
| Firearm Rights | §29805 10-yr (misdo) / §29800 lifetime + §922(g)(1) (felony) |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §18710?
What Is California Penal Code §18710?
PC §18710 Reads:
"California Penal Code §18710 — Possession of Destructive Device. Penalty: 16 months, 2, or 3 years county jail (§1170(h)). Controlling definition: PC §16460 — destructive device defined to include bombs, grenades, explosive missiles, projectiles containing explosive/incendiary material, projectiles >0.60 caliber, and specified sealed dry-ice/chemical devices."
— California Penal Code §18710 (paraphrased)
PC §18710 — Possession of Destructive Device — is part of California's weapons and public-safety framework. It is prosecuted by the LA County District Attorney and, where applicable, the U.S. Attorney's Office. PC §18710 makes it a STRAIGHT FELONY to possess any DESTRUCTIVE DEVICE as defined in PC §16460 — bombs, grenades, explosive missiles, projectiles containing an explosive or incendiary material, projectiles greater than 0.60 caliber (with limited sporting exemptions), sealed devices containing dry-ice or chemical for causing explosion, and specified other devices. Felony exposure of 16 months, 2, or 3 years county jail under PC §1170(h). Related §18720 makes possession of any substance/material/combination WITH THE INTENT to make a destructive device a separate felony carrying 2, 3, or 4 years. Federal parallels: 26 USC §5861 (NFA registration) and 18 USC §842.
Statutory Definition and Core Litigation Issues
The definition — PC §16460 — destructive device defined to include bombs, grenades, explosive missiles, projectiles containing explosive/incendiary material, projectiles >0.60 caliber, and specified sealed dry-ice/chemical devices — is the pivotal element in every §18710 prosecution. Rubin Law, P.C. defends by challenging the statutory elements at preliminary hearing (§995 dismissal), litigating Fourth Amendment suppression (§1538.5), and (where applicable) negotiating §17(b) reduction, §1170(h) split sentencing, or diversion.
Within §18710 Statutory Scope
Full statutory exposure — 16 months, 2, or 3 years county jail (§1170(h))
Outside §18710 Statutory Scope
Case dismissed — no violation.
Why the §18710 Definition Drives Defense
The §16460 destructive-device definition, functionality challenges, and statutory exemptions drive these cases.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §18710
The prosecution must prove each of the following beyond a reasonable doubt.
Item Is a Destructive Device Under §16460
Bomb, grenade, explosive missile, incendiary projectile, projectile >0.60 caliber, or sealed dry-ice / chemical device meeting §16460 definition.
Possession
Actual or constructive possession — dominion and control with knowledge of item's presence.
Knowing Possession
Defendant knew of the item's presence AND its character as a destructive device.
04 — Penalties
Penalties for PC §18710 Possession of Destructive Device in California
§18710 is a STRAIGHT felony under PC §1170(h) with no §17(b) reduction path.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Felony §18710 | PC §18710 | 16 months, 2, or 3 years county jail (§1170(h)) | Available | No |
| Concurrent §29800(a)(1) | PC §29800(a)(1) | 16 months, 2, or 3 years — if prior felony | Rare | No |
| Concurrent §245(a)(1) if force used | PC §245(a)(1) | Up to 4 years — strike | Available | Yes |
| Gang Enhancement | PC §186.22(b) | Adds 2, 3, or 4 years | Rare | Yes |
Enhancements That Increase §18710 Exposure
School Grounds
PC §626.9 / §626.10
Firearm or weapon on school grounds — separate felony or wobbler exposure.
Courthouse / Airport
PC §171b / 49 USC §46505
Weapon in courthouse or airport — state wobbler and federal 10-year exposure.
Gang Predicate
PC §186.22(b)
Adds 2-4 years and converts to strike.
Prior Convictions
PC §667.5(b)
Prior prison priors support enhanced sentencing on felony filing.
Great Bodily Injury
PC §12022.7
Adds 3 years when GBI inflicted during a felony.
Beyond the Sentence
- PC §29805 10-year firearm prohibition on misdemeanor firearm-related conviction; §29800 lifetime on felony
- Federal 18 USC §922(g) firearm prohibition on felony conviction
- Immigration consequences under 8 USC §1227(a)(2)(C) on felony firearm conviction — case-specific analysis
- Employment and professional-license consequences
- School / campus disciplinary consequences (on §626.9 school-zone cases)
- TSA / travel disclosure consequences
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §18710 Possession of Destructive Device Charges
§18710 defenses focus on statutory-element challenges, mens rea, and Fourth Amendment suppression.
Statutory Definition / Element Challenge
Prosecution must prove the specific statutory elements of §18710. Definition-driven cases resolve on §995 dismissal or trial acquittal.
PC §18710
No Knowing / Specific Intent
Mens rea challenge — no knowledge, mistake of fact, borrowed item / vehicle defense. Where §18710 is specific-intent, prosecution must prove the required mental state beyond reasonable doubt.
Mens Rea
Constructive-Possession Defense
Shared vehicle, third-party bag, roommate's property. People v. Sifuentes.
People v. Sifuentes
Fourth Amendment Suppression
Warrantless search, Terry-stop overreach, Rodriguez prolongation, pretextual vehicle / bag search. PC §1538.5 motion.
PC §1538.5
Statutory Exemption
Licensed dealer, CCW permit, law enforcement, private-property, or antique / sporting exemption where applicable.
Statutory Exemption
Fifth Amendment Miranda
Custodial interrogation without Miranda advisement; statements suppressed under Miranda v. Arizona.
Miranda v. Arizona
§1170(h) Split Sentencing / Probation
Straight §1170(h) felony — negotiate probation, split sentencing, or dismissal via §1385 in furtherance of justice.
PC §1170(h)
Constitutional Sources
07 — Court Process
How PC §18710 Possession of Destructive Device Cases Move Through Los Angeles Courts
§18710 cases follow the weapons-prosecution track with heavy motion practice.
- 1
Step 1 — Police Encounter
Cases arise from 911 calls, traffic stops, probation searches, school-resource-officer investigations, and consent searches.
- 2
Step 2 — Item / Firearm Examination
LAPD SID / LASD firearms unit or ATF examines the item and confirms statutory-definition elements. Expert reports frequently disputed at prelim.
- 3
Step 3 — Filing Decision
DA files straight §1170(h) felony.
- 4
Step 4 — Motion Practice
PC §1538.5 suppression, §995 dismissal on element defense, In re Jorge M. mens-rea challenges, Miranda motions, and (where applicable) §17(b) reduction.
- 5
Step 5 — Preliminary Hearing (Felony Track)
Element-by-element testimony, expert examination of item, and Fourth Amendment record litigated at prelim.
- 6
Step 6 — Resolution
Dismissal on element / suppression defense, plea to lesser included, probation, diversion (case-specific), or trial.
Los Angeles Courts That Handle PC §18710 Possession of Destructive Device Cases
§18710 cases are prosecuted at LA County criminal courthouses.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Possession of Destructive Device Defense Attorney
Daniel S. Rubin has defended clients charged with possession of destructive device and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §18710 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Possession of Destructive Device Cases Throughout LA County
See our full Possession of Destructive Device defense practice
09 — FAQs
PC §18710 Possession of Destructive Device Questions — Los Angeles
What is the penalty for PC §18710?
PC §18710 carries 16 months, 2, or 3 years county jail (§1170(h)). It is a straight §1170(h) felony — no §17(b) reduction; probation or split sentencing is the primary negotiation lever.
What is the statutory definition governing PC §18710?
The controlling definition is PC §16460 — destructive device defined to include bombs, grenades, explosive missiles, projectiles containing explosive/incendiary material, projectiles >0.60 caliber, and specified sealed dry-ice/chemical devices. The definition is the pivotal litigation issue in every §18710 prosecution and drives §995 motions and preliminary-hearing strategy.
Does §18710 require specific intent?
No — §18710 is a general-intent offense. People v. Rubalcava and its progeny require knowing conduct only; some knowledge-of-character mens rea gloss under In re Jorge M. applies.
What counts as 'possession' under §18710?
Actual or constructive possession. Actual = on person / immediate control. Constructive = dominion and control over the location with knowledge of the item's presence. People v. Sifuentes constructive-possession analysis applies.
Are there statutory exemptions to PC §18710?
Yes — licensed manufacturer, dealer, or law enforcement exemptions apply on item-specific basis. Antique and sporting exemptions may also apply.
Can §18710 be reduced or dismissed?
On straight-felony §18710, resolution focuses on element / suppression dismissal, §1385 dismissal in furtherance of justice, or negotiated plea to a lesser-included misdemeanor.
What are the immigration consequences of a §18710 conviction?
Felony firearm-related convictions may qualify as aggravated felonies under 8 USC §1101(a)(43)(E) and trigger removability under 8 USC §1227(a)(2)(C). Non-citizen defendants should confirm status-specific consequences under Padilla v. Kentucky before entering any plea.
What are the firearm-rights consequences of a §18710 conviction?
Misdemeanor firearm-related conviction triggers a 10-year California firearm prohibition under PC §29805. Felony conviction triggers a LIFETIME California firearm prohibition under PC §29800 and a federal prohibition under 18 USC §922(g)(1). PC §17(b) reduction and PC §1203.4 dismissal do NOT restore federal firearm rights.
Available 24/7 — Free Consultation
Charged Under PC §18710 Destructive Device Possession?
The §16460 destructive-device definition, functionality challenges, and statutory exemptions drive these cases. Call Rubin Law, P.C. — free consult (213) 723-2337.