Exotic Ammunition Laws by State: The Definitive 2026 Legal Reference
Every week, thousands of Americans ask some version of the same question: “Is this legal where I live?” Whether it is Dragon’s Breath shotgun shells, incendiary rifle rounds, tracer ammunition, flamethrowers, or 37mm launchers, the answer depends on a patchwork of federal thresholds and state-by-state restrictions that no single resource has ever compiled accurately in one place.
This guide changes that. Below is the most comprehensive, up-to-date reference available on the legality of exotic and specialty ammunition across the United States. We cover every major product category sold by Phoenix Rising — Dragon’s Breath, HEI and incendiary rounds, tracer ammunition, flash bang shotgun shells, less-lethal rounds, 37mm signaling devices, and flamethrowers — organized first by ammunition type and then by state, so you can find exactly what you need in seconds.
This information reflects federal law and state statutes as of 2026. Always verify your local city and county ordinances before purchasing, as municipal restrictions can go beyond state law. Phoenix Rising does not ship restricted products to prohibited jurisdictions.
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Federal Law: The Baseline Rules That Apply Everywhere
Before diving into state-specific restrictions, it is essential to understand the federal framework that governs all exotic ammunition in the United States.
The National Firearms Act of 1934 defines a “destructive device” as, among other things, any projectile containing an explosive or incendiary charge exceeding one-quarter ounce (approximately 109 grains or 7 grams). All commercially manufactured civilian exotic ammunition — including HEI, incendiary, and Dragon’s Breath rounds sold by Phoenix Rising — is engineered to stay below this threshold. As long as the incendiary or explosive compound in a given round weighs less than one-quarter ounce, the round is not classified as a destructive device under federal law.
37mm launchers are classified as signaling devices under federal law and are exempt from the NFA when used with non-anti-personnel ammunition. No registration, no tax stamp, no FFL transfer required.
Flamethrowers are not classified as firearms under either the NFA or the Gun Control Act. The ATF has no regulatory authority over flamethrowers. There is no federal restriction on civilian flamethrower ownership.
Tracer ammunition is not specifically regulated at the federal level beyond standard ammunition purchase age requirements (18 for rifle and shotgun ammo, 21 for handgun ammo).
Dragon’s Breath: Legal Status by State
Dragon’s Breath incendiary shotgun shells are the most widely restricted exotic ammunition type. The following states prohibit or significantly restrict their sale, possession, or use:
Alaska — Prohibited.
California — Prohibited. Bans incendiary ammunition broadly.
Florida — Prohibited by name. FL §790.31 specifically bans ammunition containing “exothermic pyrophoric misch metal” designed to throw flame or fireballs.
Hawaii — Prohibited under broad incendiary ammunition restrictions.
Illinois — Prohibited. Bans explosive and incendiary ammunition.
Iowa — Prohibited. Bans ammunition containing exothermic pyrophoric misch metal.
Maryland — Prohibited under broad exotic ammunition restrictions.
Massachusetts — Prohibited. Bans incendiary, tracer, and explosive ammunition.
New Jersey — Prohibited under broad restrictions on specialty ammunition.
New York — Restricted. Explosive ammunition prohibited; specific application to Dragon’s Breath varies by jurisdiction.
Washington D.C. — Prohibited.
In all other states, Dragon’s Breath is legal to purchase and possess. Phoenix Rising manufactures the Super Dragon®, which uses a proprietary incendiary compound burning at over 5,000°F with range exceeding 200 yards. Available in 12 gauge ($34.99/5 rounds) and .410 gauge ($29.99/5 rounds).
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HEI and Incendiary Rifle/Pistol Ammunition: Legal Status by State
HEI (High Energy Ignition) and standard incendiary rifle and pistol ammunition face restrictions in the following states:
California — Prohibited. Bans incendiary ammunition across all calibers.
Florida — Restricted. Bans “exploding bullets”; application to rifle/pistol incendiary depends on statutory interpretation.
Illinois — Prohibited. Bans explosive ammunition.
Massachusetts — Prohibited. Bans incendiary and explosive ammunition.
Iowa — Prohibited for ammunition containing pyrophoric compounds.
New Jersey — Restricted under broad specialty ammunition laws.
New York — Restricted. Explosive ammunition prohibited.
In the majority of states — including Georgia, Texas, Arizona, Tennessee, Ohio, Pennsylvania, Michigan, Virginia, North Carolina, Indiana, Missouri, Kentucky, Alabama, South Carolina, and many more — HEI and incendiary ammunition is fully legal. Phoenix Rising carries HEI across nine calibers from 9mm to 300 Win Mag at $44.99 per 6-round pack.
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Tracer Ammunition: Legal Status by State
Tracer rounds face fewer state-level restrictions than incendiary ammunition. The only state that explicitly prohibits tracer ammunition is:
California — Prohibited. Bans tracer ammunition due to fire risk.
Massachusetts also restricts tracer ammunition under its broad incendiary and specialty ammunition ban. In all other states, tracer rounds are legal to purchase and possess. However, many outdoor ranges and public land management agencies restrict tracer use during high fire-risk conditions, and some indoor ranges prohibit them entirely. Always check range rules and local fire regulations.
Phoenix Rising carries red and green Super Tracer rounds across seven calibers, plus subsonic 9mm tracers for suppressor use. Starting at $29.99 per 6-round pack.
Flash Bang, Less-Lethal, Slug, and Buckshot: Legal Status
Flash bang shotgun shells, rubber buckshot, rock salt rounds, specialty slugs, and premium buckshot are generally legal in all 50 states. These round types do not contain incendiary or explosive compounds that trigger state-level exotic ammunition bans. Standard ammunition purchase requirements apply (18+ for shotgun ammo in most states).
The primary restrictions to be aware of involve states that require permits or background checks for any ammunition purchase, regardless of type:
California — Requires background check for all ammunition purchases.
Massachusetts — Requires a Firearm Identification Card (FID) to purchase any ammunition.
New Jersey — Requires a Firearms Purchaser Identification Card for ammunition purchases.
Illinois — Requires a FOID card for ammunition purchases.
Connecticut — Requires ammunition certificate or permit.
37mm Launchers and Signaling Ammunition: Legal Status
37mm launchers classified as signaling devices are legal in all 50 states when used with non-anti-personnel ammunition (flares, smoke, noise makers, comets, tracers, and pyrotechnic rounds). No NFA registration, no tax stamp, no FFL transfer, and no special licensing is required anywhere in the United States at the federal or state level.
The only legal threshold to be aware of is that possessing a 37mm launcher alongside anti-personnel ammunition (rubber pellets, wood pellets, bean bags) reclassifies the launcher as a destructive device requiring ATF Form 1 registration and a $200 tax stamp. For users who exclusively use signaling ammunition — which is the vast majority of civilian 37mm owners — this does not apply.
Phoenix Rising carries launchers from $390 to $1,449.99, over a dozen varieties of signaling rounds at $69.99 per 3-round pack, and reloading kits from $159.99 to $279.99.
Flamethrowers: Legal Status by State
Flamethrowers are legal for civilian ownership in 48 out of 50 states with zero federal regulation. The ATF does not classify flamethrowers as firearms.
Maryland — Banned. Classifies flamethrowers as destructive devices. Punishable by up to 25 years and/or $250,000 fine.
California — Requires a permit from the State Fire Marshal for devices projecting flame more than 10 feet. Some manufacturers sell California-compliant models with restricted nozzles.
All other 48 states permit civilian flamethrower ownership with no license, registration, or permit. Phoenix Rising carries the XM42-X at $349.99.
Read Our Complete Flamethrower Guide
Quick Reference: Most Restricted States
If you live in one of these states, your options are more limited than in most of the country. Here is a quick summary of which Phoenix Rising products you can and cannot purchase:
California
Restricted: Dragon’s Breath (prohibited), HEI/incendiary (prohibited), tracer (prohibited), flamethrowers (permit required). Available: flash bang, less-lethal, slugs, buckshot (background check required for all ammo purchases), 37mm launchers and signaling ammo.
Florida
Restricted: Dragon’s Breath (prohibited by name), Ball & Chain, Flechette, HEI/incendiary (restricted). Available: tracer, flash bang, less-lethal, slugs, buckshot, 37mm, flamethrowers.
Illinois
Restricted: Dragon’s Breath (prohibited), HEI/incendiary (prohibited). FOID card required for all ammunition purchases. Available: tracer, flash bang, less-lethal, slugs, buckshot, 37mm, flamethrowers.
Massachusetts
Restricted: Dragon’s Breath (prohibited), HEI/incendiary (prohibited), tracer (prohibited). FID card required for all ammunition purchases. Available: flash bang, less-lethal, slugs, buckshot, 37mm, flamethrowers.
Maryland
Restricted: Dragon’s Breath (prohibited), flamethrowers (banned). Available: HEI/incendiary (check local statutes), tracer, flash bang, less-lethal, slugs, buckshot, 37mm.
New Jersey
Restricted: Dragon’s Breath (prohibited), HEI/incendiary (restricted). FPID required for all ammunition. Available: tracer, flash bang, less-lethal, slugs, buckshot, 37mm, flamethrowers.
Quick Reference: Least Restricted States
If you live in one of these states, virtually everything in the Phoenix Rising catalog is legal to purchase and own with no special licensing: Georgia, Texas, Arizona, Tennessee, Ohio, Pennsylvania, Michigan, Virginia, North Carolina, Indiana, Missouri, Kentucky, Alabama, South Carolina, Louisiana, Oklahoma, Arkansas, Mississippi, West Virginia, Montana, Wyoming, Idaho, Utah, Nevada, Kansas, Nebraska, South Dakota, North Dakota, Wisconsin, Minnesota, Oregon, Washington, Colorado, New Mexico, Maine, Vermont, New Hampshire, and Rhode Island.
Standard federal age requirements apply (18+ for rifle/shotgun ammo, 21+ for handgun ammo). No state-level permits, background checks, or special licensing required for ammunition purchases in these states.
Know Your Laws. Shop What’s Legal. Get It All at Phoenix Rising.
Phoenix Rising automatically restricts shipments to states where specific products are prohibited. But knowledge is power, and understanding your state’s ammunition laws ensures you can confidently build the exotic loadout you want without legal surprises. Every product we sell ships for a flat $9.99, requires no special licensing in unrestricted states, and comes backed by our quality guarantee.
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