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Federal Explosives Law and Regulations

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Federal Explosives Law and Regulations U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives Enforcement Programs and Services Federal Explosives Law and Regulations 2012 Table of Contents Organized Crime Control Act of 1970, Title XI ..................................................................... 1 Title 18, United States Code, Sec. 1102, Chapter 40. Importation, Manufacture, Distribution and Storage of Explosive Materials .......................................................................... 1 841. Definitions .......................................................................................................................................... 1 842. Unlawful Acts ..................................................................................................................................... 2 843. Licenses and User Permits ................................................................................................................. 5 844. Penalties .............................................................................................................................................. 6 845. Exceptions; Relief From Disabilities ................................................................................................. 8 846. Additional Powers of the Attorney General ........................................................................................ 9 847. Rules and Regulations ........................................................................................................................ 9 848. Effect on State Law .......................................................................................................................... 10 Title 27, Code of Federal Regulations, Part 555—Commerce in Explosives ............................................................................................... 11 Subpart A—Introduction .......................................................................................................................... 13 Subpart B—Definitions ........................................................................................................................... 13 Subpart C—Administrative and Miscellaneous Provisions ..................................................................... 18 Subpart D—Licenses and Permits ............................................................................................................ 22 Subpart E—License and Permit Proceedings ........................................................................................... 29 Subpart F—Conduct of Business or Operations ...................................................................................... 32 Subpart G—Records and Reports ............................................................................................................ 38 Subpart H—Exemptions .......................................................................................................................... 44 Subpart I—Unlawful Acts, Penalties, Seizures and Forfeitures ............................................................... 46 Subpart J—Marking of Plastic Explosives ............................................................................................... 47 Subpart K—Storage ................................................................................................................................. 49 Tables of Distances for Storage ...................................................................................................... 55 Questions and Answers ................................................................................................................ 59 ATF Explosives Rulings ................................................................................................................. 73 Appendices To Ruling 77-24, Alternate Magazine Construction Standards for Storage of Electric Blasting Caps with Other Explosive Materials are Prescribed ............................................... 97 Appendix A Diagram: Permanently Mounted Containers For Vehicle Storage ....................................... 97 Appendix B Diagram: Built-in Compartments For Vehicle Storage ........................................................ 97 Appendix C Diagram: Laminate Construction For Vehicle Storage ........................................................ 98 Appendix D Diagram: Alternate Laminate Construction For Permanently Mounted Containers ........... 98 Appendix E Diagram: Portable Wheeled Trailers .................................................................................... 98 General Information ........................................................................................................................ 99 Effect of 18 U.S.C. Chapter 40 On the Fireworks Industry ...................................................................... 99 Explosives Dealer’s and User’s Guide to Federal Explosives Regulation .............................................. 100 Black Powder Transactions ..................................................................................................................... 100 Explosives Security ................................................................................................................................ 100 Additional Information ........................................................................................................................... 101 List of Explosive Materials .................................................................................................................... 102 Organized Crime Control Act of 1970, Title XI Regulation of Explosives Public Law 91-452, Approved October 15, 1970 (as Amended) [Note: Any reference to the Internal Revenue Code of 1954 refers to the Internal Revenue Code of 1986 (§ 2, Public Law 99–514, 100 Stat. 2085, October 22, 1986.)] Purpose Sec. 1101. The Congress hereby declares that the purpose of this title is to protect interstate and foreign commerce against interference and interruption by reducing the hazard to persons and property arising from misuse and unsafe or insecure storage of explosive materials. It is not the purpose of this title to place any undue or unnecessary Federal restrictions or burdens on law-abiding citizens with respect to the acquisition, possession, storage, or use of explosive materials for industrial, mining, agricultural, or other lawful purposes, or to provide for the imposition by Federal regulations of any procedures or requirements other than those reasonably necessary to implement and effectuate the provisions of this title. Sec. 1102. Title 18, United States Code, is amended by adding after chapter 39 the following chapter: Chapter 40. Importation, Manufacture, Distribution and Storage of Explosive Materials Editor’s Note: The sections of law set out herein were added (c) “Explosive materials” means explosives, blasting agents, by Public Law 91–452, Title XI, § 1102(a), Oct. 15, 1970, 84 Stat. and detonators. 952-959, and remain un-changed unless otherwise footnoted. (d) Except for the purposes of subsections (d), (e), (f), (g), (h), Sec. (i), and (j) of section 844 of this title, “explosives” means any chemical compound mixture, or device, the primary or common 841. Definitions purpose of which is to function by explosion; the term includes, 842. Unlawful acts but is not limited to, dynamite and other high explosives, black 843. Licenses and user permits powder, pellet powder, initiating explosives, detonators, safety 844. Penalties fuses, squibs, detonating cord, igniter cord, and igniters. The 845. Exceptions; relief from disabilities Attorney General shall publish and revise at least annually in the 846. Additional powers of the Attorney General Federal Register a list of these and any additional explosives 847. Rules and regulations which he determines to be within the coverage of this chapter. For 848. Effect on State law the purposes of subsections (d), (e), (f), (g), (h), and (i) of section 844 of this title, the term “explosive” is defined in subsection (j) § 841. Definitions of such section 844. As used in this chapter— (a) “Person” means any individual, corporation, company, (e) “Blasting agent” means any material or mixture, consisting association, firm, partnership, society, or joint stock company. of fuel and oxidizer, intended for blasting, not otherwise defined as an explosive: Provided, that the finished product, as mixed for (b) “Interstate or foreign commerce” means commerce use or shipment, cannot be detonated by means of a numbered 8 between any place in a State and any place outside of that State, test blasting cap when unconfined. or within any possession of the United States (not including the Canal Zone) or the District of Columbia, and commerce between (f) “Detonator” means any device containing a detonating places within the same State but through any place outside of that charge that is used for initiating detonation in an explosive; the State. “State” includes the District of Columbia, the term includes, but is not limited to, electric blasting caps of Commonwealth of Puerto Rico, and the possessions of the United instantaneous and delay types, blasting caps for use with safety States (not including the Canal Zone). fuses and detonating cord delay connectors. 1 (g) “Importer” means any person engaged in the business of (5) any other substance in the concentration specified by the importing or bringing explosive materials into the United States Attorney General, after consultation
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