UNITED STATES of America, Plaintiff-Appellee, v. David Robert RUIZ, Defendant-Appellant

This appeal requires us to decide whether stun grenades are a “destructive device” and thus a “firearm” under 26 U.S.C. § 5861 (e).

David R. Ruiz appeals his conviction, and denial of pre- and post-trial motions, arising from the sale of stun grenades in violation of § 5861(e), which prohibits the unlawful transfer of firearms. For purposes of § 5861(e), a “firearm” is a “destructive device.” 26 U.S.C. § 5845 (a). A “destructive device” is a grenade or similar device, unless it is not designed for use as a weapon. Id. § 5845(f).

The district court found “that there is the potential for unintended injury or indeed even death to one or more of the individuals who is in close proximity to where the device is discharged,” and concluded that the designed purpose of stun grenades as a tactical weapon qualifies them as a “destructive device” within the meaning of the statute. We agree.

Because Ruiz argues that the evidence was insufficient to convict since the government failed to prove that he intended to use the stun grenades as weapons, we must also decide whether intent to use the device as a weapon is an element of a § 5845(f) case when, as here, there is no dispute that…