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“I’m Not Under Arrest”

A close encounter occurred between our University Place deputies and an armed subject carrying an explosive. On July 1st around 5pm, deputies noticed a suspicious male hanging out around an abandoned bank that was clearly marked “No Trespassing.” Deputies learned the male suspect had a warrant out of the Fircrest Police Department, and they had probable cause for trespassing. A foot pursuit led to a struggle. Once the suspect was in custody, a stolen firearm and drugs were located on his person.

A final search of his backpack led to deputies finding an explosive device. It is very important for the public to understand that items like M-80s, sparkler bombs, and tennis ball bombs are considered explosives under the law and not fireworks. Making, using, or possessing them is a felony, and we do arrest for them.

The 42-year-old male will be facing several charges, to include: 

Possession of Stolen Property 

Unlawful Possession of Drugs 

Resisting Arrest 

Possession of an Explosive Device 

Unlawful Possession of a Firearm 

Criminal Trespassing 

As we celebrate the 4th of July, please know that the original M-80 was a pyrotechnic simulator used for military training decades ago and contained about 3 grams of explosive powder. This is way over the legal limit, and it is defined as an explosive, not a firework. They were banned for unlicensed use nationwide in 1966. M-80’s and other items like them are considered explosives, not fireworks. They are illegal on and reservations under both state and federal law.

There are no legitimate sellers of M-80’s and other devices like them. Please get your fireworks from licensed vendors to ensure your fireworks are legal. 

Under Federal Law and RCW 70.77.136 (Definitions “Consumer fireworks.”), legal consumer fireworks must contain no more than 50 milligrams of explosive powder for ground devices and no more than 130 milligrams for aerial devices. The original M-80 contained about 3,000 milligrams (3 grams) of explosive powder. We commonly find M-80 and larger, similar devices which contain 30-50 grams of powder. Sparkler bombs also fall into the category of illegal explosives by going over the explosive weight limit of 50 milligrams. These items will get you felony charges for making, selling, using, or possessing.