How serious is grenade possession

| by Max Soni

Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience handling the kinds of cases that make prosecutors nervous. We’ve represented clients in cases that captivated national attention – Anna Delvey’s Netflix series, the Ghislaine Maxwell juror misconduct case, Alec Baldwin’s stalking case. If you’re reading this because federal agents found a grenade in your possession, you need to understand how serious this is.

Grenade possession is a federal felony with up to 10 years in prison – and that’s before any other charges get stacked on top. The ATF treats grenades as destructive devices under the National Firearms Act, and they prosecute these cases aggressively. In 2024, a Texas gang member got sentenced after buying grenades from an undercover ATF agent. A New Hampshire man received 31 months in federal prison for possessing fragmentation grenades and paid a $7,500 fine. Federal prosecutors don’t view grenade possession as a paperwork problem, they view it as a serious threat.

Two Federal Laws Target Grenade Possession

You’re facing prosecution under two overlapping federal statutes. The National Firearms Act – that’s 26 USC 5861 and 5871 – makes it illegal to possess any unregistered destructive device. Grenades fall squarely within the definition of destructive devices under 26 USC 5845(f), which includes any explosive, incendiary, or poison gas grenade. Maximum penalty is 10 years in federal prison and a $250,000 fine for individuals.

Federal explosives law – 18 USC 844 – provides another avenue for prosecution. It’s illegal to manufacture, store, distribute, receive or transport explosive materials without a federal explosives license. Grenades are explosive materials. Prosecutors can charge you under the NFA, under federal explosives law, or both. They often choose both.

The maximum 10-year sentence isn’t mandatory – judges have discretion based on your criminal history, the circumstances, whether the grenade was live or inert. But that discretion cuts both ways. If you’ve got prior felonies, if you had multiple grenades, if there’s any indication you planned to use them, expect prosecutors to argue for a sentence near the maximum.

What Makes Grenade Charges Much Worse

Simple possession is bad enough. Using or carrying a grenade during another federal crime transforms your case into something catastrophic. Under 18 USC 844(h), if you use or carry an explosive during commission of any federal felony, you face a mandatory minimum 10 years in prison – and that sentence runs consecutive to whatever you get for the underlying felony. A second conviction carries a mandatory 20 years.

If the grenade causes personal injury or creates substantial risk of injury, the penalty jumps to not less than 7 years and not more than 40 years. If someone dies, you’re looking at life in federal prison or the federal death penalty. These aren’t theoretical – federal prosecutors in Texas charged a gang member in 2024 with possessing destructive devices and utilizing a firearm in furtherance of drug trafficking. Federal sentencing guidelines also apply a two-level enhancement for offenses involving destructive devices.

ATF Prosecutes These Cases Aggressively

The ATF doesn’t negotiate on grenade cases. In December 2024, a Texas defendant was sentenced after purchasing two grenade-style destructive devices from an undercover ATF agent. The ATF sets up stings specifically targeting people who attempt to acquire grenades. If you’re talking to someone about buying grenades, there’s a real possibility that person is working with federal agents.

Daniel Musso received 31 months in federal prison for unlawfully possessing fragmentation grenades and explosive material, plus a $7,500 fine. In Hawaii, a man pleaded guilty in October 2024 to possessing explosive powders as a convicted felon and possessing an unregistered destructive device. A North Carolina case involved a live hand grenade found in a car during a traffic stop – ATF bomb technicians confirmed it was live, federal charges followed immediately. If your grenade isn’t in the ATF’s registry, you’re facing federal prosecution.

Registration Is Theoretically Possible But Practically Impossible

The National Firearms Act allows registration of destructive devices – but the ATF doesn’t approve civilian applications for live grenades. You’d need to submit ATF Form 1 to make a destructive device or ATF Form 4 to transfer one, pay a $200 tax stamp, submit fingerprints and photographs, pass a background check, and get approval from the ATF. For live grenades, the ATF simply doesn’t grant approval to civilians. Some states have banned destructive devices entirely from civilian transfer, so even if federal law theoretically permits registration, state law may prohibit possession outright.

Collectors sometimes possess demilitarized or inert grenades – grenades that have been rendered permanently incapable of functioning. But even here, you’re at the mercy of ATF case-by-case determinations. If an ATF agent believes the grenade could be restored to working condition, or if there’s any question about whether it’s truly inert, you could face prosecution. The burden is on you to prove the device is harmless.

Why You Need a Federal Defense Attorney Immediately

At Spodek Law Group – we’ve handled federal weapons cases that other attorneys said were unwinnable. Our managing partner, Todd Spodek, is a second-generation criminal defense lawyer who has successfully handled hundreds of criminal defense cases. The firm has been representing clients since 1976, with offices throughout Long Island and NYC, and we handle cases coast-to-coast. We have former federal prosecutors on staff who know exactly how the government will approach your case.

Grenade possession cases involve complex legal issues – whether the device qualifies as a destructive device under federal law, whether it was properly registered, whether you knowingly possessed it, whether any exceptions apply. Federal prosecutors have former ATF agents and bomb technicians as witnesses. You need attorneys who understand how the government builds these cases.

The worst thing you can do is talk to ATF agents or federal investigators without an attorney present. Anything you say will be used to prove you knowingly possessed an unregistered destructive device. Federal agents are skilled at getting defendants to make incriminating statements during what seems like casual conversation. Don’t answer questions, don’t consent to searches, don’t try to explain your way out of it. Invoke your right to remain silent and contact an attorney immediately.

Federal sentencing is unforgiving, but there are strategies. Depending on your criminal history and how the case was discovered, we may be able to negotiate a plea to reduced charges or argue for a downward departure from the sentencing guidelines. If law enforcement violated your Fourth Amendment rights during the search, we can file motions to suppress evidence. If you didn’t know the device was a live grenade – maybe you thought it was inert or a replica – lack of knowledge is a defense.

Time matters in federal cases. The earlier we get involved, the more options you have. We can sometimes intervene before charges are filed. If charges have already been filed, we need to start preparing your defense immediately – federal cases move quickly once they’re in the system. Grenade possession is a serious felony with devastating consequences – up to 10 years in prison, $250,000 in fines, a permanent felony record. If you’re facing these charges, contact Spodek Law Group immediately.