Smoke bombs are devices that emit colored smoke or clouds of smoke when detonated or ignited. They come in a variety of sizes and colors and are commonly used for theatrical effects, at celebrations, or for tactical purposes like providing cover or signaling. While smoke bombs may seem like harmless novelties, there are laws restricting their possession and use in many areas. So is it actually illegal to have a smoke bomb?
The legality of owning or using smoke bombs depends heavily on where you live and the type of smoke bomb you have. Some states in the U.S. ban certain kinds of smoke bombs altogether, while others have restrictions on who can purchase and use them. There are also federal regulations regarding the chemicals and components used to make smoke bombs.
In this article, we’ll break down the laws pertaining to smoke bombs and whether it’s illegal to have them in your possession. We’ll look at regulations at both the state and federal levels in the United States. We’ll also go over some of the safety and ethical concerns surrounding the recreational use of smoke bombs.
Federal Laws on Smoke Bombs
At the federal level in the U.S., smoke bombs are primarily regulated by two agencies:
– The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
– The Consumer Product Safety Commission (CPSC)
The ATF enforces federal explosives laws, including those pertaining to the possession, storage, sales, and use of explosive materials like powders, fuses, and chemicals. Some smoke bombs use explosive powders to generate the smoke effects, so they fall under the regulatory jurisdiction of the ATF.
The ATF places smoke bombs containing explosive mixtures like potassium chlorate or potassium perchlorate on a list of prohibited items that require a federal explosives license or permit to buy, sell, transport, store, or use. So any smoke bombs using these types of explosive mixtures are effectively banned for consumers and require special licensing.
The CPSC regulates smoke bombs that use other chemical mixtures to produce colored smoke as consumer commodities. The CPSC can ban or set restrictions and warning label requirements on smoke bombs containing chemicals deemed hazardous.
Currently, the CPSC bans the sale of smoke bombs containing arsenic or arsenic compounds. The CPSC also prohibits the use of chlorates in smoke devices marketed to children.
State Laws
In addition to federal regulations, many U.S. states have their own laws regarding the possession and use of smoke bombs:
- Several states, including California, Illinois, Minnesota, and Rhode Island, have banned the possession of smoke bombs entirely, though some exemptions may apply for smoke devices used for agricultural purposes.
- Other states like Arizona, Texas, Louisiana, and Massachusetts prohibit the possession of explosive or “booby trap” devices, which can include some smoke bombs.
- Some states allow the purchase and use of smoke bombs for adults over 18 or 21 years old but have restrictions on sales to minors. These include Florida, Ohio, Virginia, and others.
- Certain cities and municipalities have local ordinances further restricting or banning smoke bombs not addressed by state laws.
So in many parts of the U.S., it is illegal to buy, sell, own, transport, store, or detonate smoke bombs, though the specific regulations vary between states. It’s important to check your local state and city laws before obtaining smoke devices.
Federal Regulations on Smoke Bomb Components
Smoke bombs produce colored smoke through chemical reactions of various compounds. Federal agencies like the ATF, CPSC, and DEA regulate some commonly used smoke-generating chemicals:
Potassium Chlorate and Perchlorates
Potassium chlorate (KClO3) and potassium perchlorate (KClO4) are oxidizing agents used in explosive mixtures for fireworks, flares, and certain smoke bombs. However, these compounds are classified as explosive materials regulated by the ATF – they cannot be used in smoke devices for consumers without proper federal licensing.
Hexachloroethane (HC)
Hexachloroethane is a chlorinated hydrocarbon that sublimes quickly when heated to produce dense white smoke. It is commonly used in smoke grenades and other military/tactical screening smoke devices. While HC smoke mixtures are useful for civilian applications like firefighting training, HC is considered a hazardous substance by the EPA due to toxicity concerns. The availability and use of HC smoke formulations may be restricted by some states.
Colored Dyes
Smoke bombs generate colored smoke by incorporating dyes in the chemical mixture. Certain dyes or pigments may be prohibited or restricted by federal agencies if they pose health hazards:
- The CPSC has banned smoke bombs containing arsenic or arsenic compounds.
- The FDA regulates dyes/colorants used in food, drugs, cosmetics, or medical devices and requires approval before use.
- The EPA reviews dyes for potential toxicity under the TSCA (Toxic Substances Control Act).
Manufacturers should avoid using hazardous dyes like basic fuchsin or auramine O in smoke formulations. Food-grade dyes are less likely to face regulatory scrutiny.
Solvents
Smoke bomb mixtures utilize various solvents to dissolve the dyes and other components. Organic solvents like glycols, alcohols, oils, and glycol ethers are commonly used. These solvents can be toxic or flammable hazards, especially in concentrated forms. The EPA and state agencies regulate the storage/handling of many solvents.
Overall, smoke bomb producers must avoid banned chemicals like arsenic compounds and use only reasonably safe dyes, solvents, and other ingredients to comply with federal laws. Carefully sourcing and testing all materials is crucial.
Specialty Smoke Devices
Certain specialty smoke devices using proprietary mixtures or designed for specific uses may be exempt from some federal consumer product regulations:
Military and Law Enforcement Smoke Bombs
Tactical smoke grenades for military, law enforcement, or other government agency use are not considered consumer commodities. They may contain hexachloroethane, colored dyes with toxicity concerns, or other hazardous ingredients prohibited in consumer smoke bombs. These tactical military-grade smoke bombs are not commercially available to average consumers.
Agricultural Pest Control Smudge Pots
“Smudge pots” that release smoke to help control insects/pests in agricultural settings are exempted from certain CPSC requirements. However, they must comply with EPA regulations on pesticide ingredients and labeling. These devices are intended for specialized agricultural use only.
Emergency/Safety Signaling Smokes
The USCG approves certain smoke signals for marine safety purposes like distress signaling. These seagoing smoke flares contain specialized pyrotechnic compositions not found in novelty-type smoke bombs. Only USCG-approved devices should be used for actual emergency signaling applications.
Model Rocket Motors
Smoke-generating model rocket motors for hobbyist rocketry must comply with certain DOT/FAA regulations. Their chemical compositions are designed specifically for rocket propulsion rather than color smoke effects. These hobby rocket motors require adequate safety precautions for legal consumer use.
So while smoke bombs sold for consumer use are restricted in ingredients and applications, certain specialty devices outside the consumer product realm may utilize more hazardous or tightly controlled smoke-producing chemicals.
Ethical Concerns with Smoke Bombs
Beyond the legal restrictions, there are some ethical concerns surrounding the recreational use of smoke bombs:
- When used improperly, smoke bombs can start fires, cause burns, or irritate eyes/lungs. Users should carefully follow safety precautions.
- Smoke bomb remnants may litter streets, parks, or other public spaces after use.
- Malicious use of smoke bombs to vandalize property or “smoke out” people should be avoided.
- Setting off smoke bombs in public spaces may create panic, as they resemble explosives and can be mistaken for attacks.
- The chemicals in smoke bombs may have toxic effects on people or the environment if used excessively.
Smoke devices should be used responsibly by informed adults in appropriate settings. Indiscriminate smoke bomb use where safety and ethics are disregarded only strengthens arguments for banning recreational pyrotechnics. Following local laws and acting conscientiously helps preserve smoke bomb legality.
Conclusion
In summary, it is illegal to possess or use smoke bombs, at least those of the consumer variety, in many parts of the United States due to state or federal restrictions. Potassium chlorate-based smoke bombs are effectively banned nationwide for consumers without ATF explosives permits. Other types of smoke bombs may be prohibited under state laws or local ordinances in areas like California, Illinois, and Massachusetts.
Consumers looking to legally purchase smoke bombs for personal use should carefully check their state and local laws first. Responsible use in accordance with manufacturer safety directions is also essential to avoid hazards. While specialty smoke devices outside consumer fireworks exist for specific purposes, recreational smoke bomb legality remains limited in many regions due to safety and toxicity concerns over misuse. Those seeking to legally own novelty smoke bombs should ensure they know and follow all applicable explosives laws and regulations.