Are Molotov Cocktails Legal? What Federal and State Law Says

Last reviewed: October 12, 2026. This article is general information, not legal advice. It explains the law only; state penalties vary, so check your state's statute or speak to a criminal defense lawyer about a specific situation.

You may have seen Molotov cocktails in news footage or history books and wondered where the law stands. It's a fair question, and the answer is clearer than for most weapons questions. This page explains the federal and state rules in plain English. It does not explain how anything is made.

Short answer: Are Molotov cocktails legal? No. Under federal law a Molotov cocktail is a "destructive device", which the National Firearms Act treats as a regulated firearm. Making, possessing or transferring one without registration is a federal felony carrying up to 10 years in prison, and using one to damage property can add arson charges with mandatory prison terms. States prohibit them too, so for civilians they are effectively illegal to make or possess.

Why federal law treats it as a "destructive device"

The National Firearms Act (NFA) is a 1934 tax-and-registration law. Its definition of "firearm" in 26 U.S.C. § 5845(a) covers short-barreled rifles, machine guns and silencers, and also "a destructive device". Section 5845(f) then defines a destructive device to include any incendiary bomb, grenade or "similar device".

Courts have applied that language to Molotov cocktails for decades. In United States v. Simmons (4th Cir. 1996), the court noted that federal courts "have uniformly held" that an assembled Molotov cocktail is an incendiary bomb or similar device, and held that it counts as a destructive device even if the person has no match or lighter. The opinion also lists earlier cases holding that the unassembled parts can qualify when the person intends to put them together.

The Gun Control Act has a parallel definition at 18 U.S.C. § 921(a)(4), which matters for federal licensing and transport rules.

The definition has exceptions. It excludes devices that are neither designed nor redesigned for use as a weapon, and devices redesigned for signaling, pyrotechnic, line-throwing or safety use. A road flare or a signal flare is not a destructive device just because it burns.

The registration problem

Because a destructive device is an NFA "firearm", it has to be registered. Under 26 U.S.C. § 5822, no one may make an NFA firearm without first filing an application, paying the tax and getting approval. The same section says applications "shall be denied if the making or possession of the firearm would place the person making the firearm in violation of law."

In practice, a private person has no realistic way to lawfully make or keep an improvised incendiary weapon. That is why the charge in these cases is usually possession of an unregistered destructive device.

Federal crimes and penalties

• Possession, making or transfer. 26 U.S.C. § 5861 makes it unlawful to possess an NFA firearm that is not registered to you, to make one in violation of the NFA, or to transfer one unlawfully. The penalty under § 5871 is up to 10 years in prison and a fine.
• Arson affecting interstate commerce. 18 U.S.C. § 844(i) punishes maliciously damaging or destroying, or attempting to damage, property used in or affecting interstate commerce by fire or an explosive. The penalty is 5 to 20 years, rising to 7 to 40 years if someone is injured.
• Federal property. Section 844(f) sets similar 5-to-20-year penalties for fire or explosive damage to federal property, or to property of institutions that receive federal financial assistance.
• Using fire to commit a federal felony. Section 844(h) adds a mandatory 10-year sentence, served on top of the sentence for the underlying felony, for using fire or an explosive to commit any federal felony, and 20 years for a second conviction.

Prosecutors can bring several of these charges together, so the real exposure can be far higher than any single number above.

State law: two examples

Every state has its own weapons, explosives and arson laws, and the wording varies. Two examples:

• Florida. Fla. Stat. § 790.001 defines a "destructive device" to include any frangible container filled with an explosive or incendiary. Under § 790.161, willfully and unlawfully making or possessing one is a third-degree felony. It becomes a second-degree felony if done with intent to harm people or property, a first-degree felony if it causes injury or damage, and a capital felony if someone dies.
• District of Columbia. D.C. Code § 22-4515a names Molotov cocktails directly. It bans making, transferring, using, possessing or transporting one, defined as a breakable container of flammable liquid with a wick or similar device. A first offense carries 1 to 5 years in prison, with longer terms for repeat offenses.

Other states use terms such as "incendiary device", "firebomb" or "dangerous ordnance". To read your own state's rule, search the state legislature's website for those terms in the criminal code.

Common misunderstandings

• "It's legal if I never use it." No. Possession of an unregistered destructive device is a complete federal offense.
• "It's just a bottle and some fuel." Gasoline, bottles and cloth are each lawful to own. Courts have held that the combination, or the parts held with intent to assemble them, can be a destructive device.
• "It's a protest, so it's protected." Free-speech protection covers expression, not possessing or throwing incendiary weapons. The federal and state laws above apply whatever the reason.
• "Only federal law matters." State and federal charges can both be brought for the same conduct.

If you're facing a charge

Destructive-device and arson charges are serious felonies. If you or someone close to you has been arrested or contacted by investigators, the most useful step is to stay quiet about the facts and ask for a criminal defense attorney. If you can't afford one, you can ask for a court-appointed lawyer, or a federal public defender in a federal case. For more on how the NFA works for other regulated items, see our guide are silencers legal in Florida?

Sources

• 26 U.S.C. § 5845, definitions including "firearm" and "destructive device" (Cornell LII)
• 26 U.S.C. § 5822, making an NFA firearm (Cornell LII)
• 26 U.S.C. § 5861, prohibited acts (Cornell LII)
• 26 U.S.C. § 5871, penalties (Cornell LII)
• 18 U.S.C. § 921, Gun Control Act definitions (Cornell LII)
• 18 U.S.C. § 232, definition of "explosive or incendiary device" (Cornell LII)
• 18 U.S.C. § 844, penalties including arson (Cornell LII)
• United States v. Simmons (4th Cir. 1996) (FindLaw)
• Fla. Stat. § 790.001, definitions (Florida Legislature)
• Fla. Stat. § 790.161, destructive devices (Florida Legislature)
• D.C. Code § 22-4515a, Molotov cocktails (D.C. Law Library)