AMENDMENT 361
The Commentary to §1B1.1 captioned "Application Notes" is amended in Note 1 by inserting the following additional subdivision at the end:
"(k) ‘Destructive device’ means any article described in 18 U.S.C. § 921(a)(4) (including an explosive, incendiary, or poison gas - (i) bomb, (ii) grenade, (iii) rocket having a propellant charge of more than four ounces, (iv) missile having an explosive or incendiary charge of more than one-quarter ounce, (v) mine, or (vi) device similar to any of the devices described in the proceeding clauses).".
The Commentary to §2B1.1 captioned "Application Notes" is amended in Note 1 by deleting "and ‘firearm’" and inserting in lieu thereof ",‘firearm,’ and ‘destructive device’", and by deleting the last sentence as follows: "‘Destructive device’ is defined in the Commentary to §2K1.4 (Arson: Property Damage by Use of Explosives).".
The Commentary to §2B1.2 captioned "Application Notes" is amended in Note 1 by deleting "and ‘firearm’" and inserting in lieu thereof ",‘firearm,’ and ‘destructive device’", and by deleting the last sentence as follows: "‘Destructive device’ is defined in the Commentary to §2K1.4 (Arson: Property Damage by Use of Explosives).".
The Commentary to §2B2.1 captioned "Application Notes" is amended in Note 1 by inserting "‘destructive device,’" immediately before "and ‘dangerous weapon’", and by deleting the last sentence as follows: "‘Destructive device’ is defined in the Commentary to §2K1.4 (Arson: Property Damage by Use of Explosives).".
The Commentary to §2B2.2 captioned "Application Notes" is amended in Note 1 by deleting "and ‘firearm’" and inserting in lieu thereof ", ‘firearm,’ ‘destructive device,’ and ‘dangerous weapon’", and by deleting the last sentence as follows: "‘Destructive device’ is defined in the Commentary to §2K1.4 (Arson: Property Damage by Use of Explosives).".
The Commentary to §2B3.1 captioned "Application Notes" is amended in Note 1 by inserting "‘destructive device,’" immediately before "‘dangerous weapon,’".
Reason for Amendment: This amendment inserts the definition of a destructive device, formerly in the Commentary to §2K1.4, in the Commentary to §1B1.1, with minor revisions to the examples of the articles prohibited by 18 U.S.C. § 921(a)(4) to better reflect the statutory provision. This amendment also conforms the commentary of various offense guidelines to reference the definitions set forth in Application Note 1 of the Commentary to §1B1.1.
Effective Date: The effective date of this amendment is November 1, 1990.