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Spoerke: PVC pipe bombs are "destructive devices"

By Tim Cone

In U.S. v. Spoerke, No. 08-12910 (May 22, 2009), the Court held that a homemade explosive device made of polyvinyl chloride (PVC) pipe that could propel shrapnel was a "destructive device"under 26 U.S.C. §§ 5801 et seq. The Court noted that Spoerke admitted that his devices could hurt people. The government expert testimony established that the pipe bombs were designed as weapons, and were capable of propelling shards. Moreover, the jury was free to reject Spoerke?s assertion that he designed the devices for "social enjoyment" by exploding them under water.The Court rejected Spoerke?s argument that the National Firearms Act was unconstitutional as applied to him, because pipe bombs are unlawful, and their regulation therefore cannot be justified under Congress? taxation powers...continue to full post

Full post as published by Defense Newsletter Blog on May 27, 2009 (boomark / email).