CHAPTER 249

An Act to amend the Code of Virginia by adding a section numbered
18.1-78.6, so as to prohibit the possession, manufacture, distribution
or use of fire bombs; definition thereof; exceptions; penalties for
violations.

[H 506]

Approved April 1, 1968

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
18.1-78.6, as follows:

§ 18.1-78.6 (a) For the purpose of this section, “fire bomb” means
a container containing gasoline, kerosene, fuel oil, derivative thereof, or
similar substance, with a flash point of one hundred seventy degrees
Fahrenheit or less, having a wick or other substance or device which, if set
or ignited, is capable of igniting such gasoline, kerosene, fuel oil, derivative
thereof or similar substance; provided that no similar device commercially
manufactured and used solely for the purpose of illumination shall be
deemed to be a fire bomb.

(b) It shall be unlawful for any person to possess materials with
which fire bombs can be made with the intent to manufacture fire bombs.
If other circumstances surrounding the case shall show that fire bombs
are intended to be made, possession of such materials with which fire may
a ouue shall be prima facie evidence of an intent to manufacture fire

ombs.

(c) It shall be unlawful to manufacture, distribute, possess or use
a fire bomb.

(d) Violators of this section shall be guilty of a felony, and shall
be confined in the penitentiary not less than one nor more than five
years.

(e) Nothing in this section shall prohibit the authorized manu-
facture, use or possession of any material, substance, or device by a
member of the armed forces of the United States, firemen or law enforce-
ment officers; nor shall it prohibit the manufacture, use or possession of
any material, substance or device to be used solely for scientific research,
educational purposes or for any lawful purpose.