Fisher

BACKGROUND

Fisher was stopped for reckless driving and his car was searched. Officers found what appeared to be explosive devices, which Fisher said were fireworks, in the trunk. The explosives team arrived and identified three pipe bombs: a capped white PVC pipe with a fuse, a capped black plastic pipe with a fuse, and a red cardboard cylinder with a fuse. The black pipe contained 15 grams of flash powder. Both it and the PVC device would explode if their fuses were lit, possibly causing serious injury to anyone holding them; the cardboard tube would burn and dissipate, probably inflicting a serious burn. Fisher was arrested and released on bail. The friend who facilitated his bail release found bottles of chemicals in a garage Fisher used and called the police. The police found chemical powders and an AR-15 rifle, with no serial number, capable of accepting a magazine. The district attorney charged Fisher in an information with possession of a destructive device (three felony counts) (§18710);3 felony possession of a

3For clarity, we will refer to the section 18710 offenses as simple possession to distinguish them from Fisher’s other destructive device charges, which we refer…