more on that infel "infernal machine"....from Find Case Law...

[Mark Kohut]

the key term "infernal machine" has no ordinary and approved usage, the statutory synonyms yield unhelpfully circular meanings, and we are unaware of the precise mischief or imperfection the enactment was intended to rectify or the main object sought to be achieved, beyond providing the authorities with an added weapon to proceed in the interest of public safety against a type of explosive or incendiary device presumably thought not to be adequately covered by existing statutes. As discussed infra, however, the words of the statute do provide a helpful starting point.
(10) For illustrative purposes only, we note that, had the Legislature sought to criminalize the possession of separate parts or components of an infernal machine, language similar to that found in the Federal statute, 18 U.S.C. § 921(a)(4)(2000 & Supp. 2003), would have clearly identified that intent. Section 921(a)(4) states that a "destructive device" means "(A) any explosive, incendiary, or poison gas (i) bomb, . . . or (vi) device similar to any of the devices described in the preceding clauses; . . . and (C) any combination of parts either designed or intended for use in converting any device into any destructive device described in subparagraph (A) or (B) and from which a destructive device may be readily assembled" (emphasis added). See, e.g., United States v. Lussier, 128 F.3d 1312, 1315 (9th Cir. 1997), cert. denied, 523 U.S. 1131 (1998) ("[o]n its face, subsection [C] [of 18 U.S.C. § 921(a)(4)] applies only to materials that have not yet
 been assembled into a whole: it speaks of 'parts' designed or intended 'for use in converting' something into a bomb or similar device. In contrast, subsection [A] applies only to an assembled device, i.e., parts that have been converted into a bomb or similar device"). Section 921 was enacted in 1968 (Pub. L. 90-351, Title IV, § 902, 82 Stat. 226) and thus existed when the Legislature added § 102A½ to G. L. c. 266, punishing "hoax devices" appearing to be infernal machines, without elaborating but merely reiterating the descriptions contained in § 102A.


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