Is making it illegal in WA? Can I make it but not use it? Is there a special place/location where it must be used? These are all questions that have baffled me for a while now.
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1What are you planning on using the napalm for?– QuestorApr 26 at 19:26
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I am not planning to use it to harm other people or their property in any way– napalm_maker84Apr 26 at 19:43
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2The other question is how much napalm are you planning to make. This won't effect the legality too much... But will effect what watchlist you get put on as you purchase the supplies– QuestorApr 26 at 19:44
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No more than a couple liters i think– napalm_maker84Apr 26 at 19:52
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1Your user name might hinder defense counsel strategy...– Michael HallApr 27 at 15:17
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1 Answer
Yes, it is illegal. See State v. K.E., Respondent (1999), who created gasoline-styrofoam napalm, and was convicted of violating RCW 9.40.120 (possession, manufacture of disposition of an incendiary device). That is defined as "any material, substance, device, or combination thereof which is capable of supplying the initial ignition and/or fuel for a fire and is designed to be used as an instrument of wilful destruction". The law is framed in terms of the what use underlies the design of the substance, not the individual's personal intent behind possessing or making the substance (defendant's actual use was to light paper in a fireplace).
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There were some pretty major extenuating circumstances in the case you linked to! “Designed to be used as an instrument of willful destruction” probably wouldn’t be detected or prosecuted if used in private fireplaces, UNLESS maybe you also committed armed robbery and broke into a vacant house…. I use gasoline to help start fires in my yard, would adding a few styrofoam pellets make it illegal? Apr 27 at 14:49
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2BTW, liquid accelerants with thickening agents are sold commercially for starting pellet stoves, (I used it all the time in my last house) so design and intent are clearly linked. Apr 27 at 14:58