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ATF EXPLOSIVES Industry Newsletter June 2013 Published Bi-Annually

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ATF EXPLOSIVES Industry Newsletter June 2013 Published Bi-Annually U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives ATF EXPLOSIVES Industry Newsletter June 2013 Published Bi-Annually What’s in This Issue New Publication New Publication TF has issued a new pamphlet for firework Exploding Ammunition Requirements manufacturers and persons otherwise involved Smoke Producing Devices in display fireworks. ATF P 5400.24, Fireworks Reagents Reminders, includes information on recordkeeping, tables of distances, marking, transfer and distribution, as well Canadian Type 4 Magazines vs. U.S. Type 2 as recent rulings affecting fireworks storage. The new Magazines publication may be found at http://www.atf.gov/publica- Hardwood or Softwood? tions/explosives-arson.html. This publication is intended as an aid for compliance with statutory and regula- Interior Walls for Type 1 Magazines tory requirements—not as a replacement. The Federal Gun Loading Facilities explosives law at Title 18, United States Code, Chapter 40, provides statutory requirements and implementing Horizontally-Mounted Hoods regulations at 27 CFR, Part 555, provide specific regula- Indoor Storage Reminders tory requirements for explosive materials. Recordkeeping Reminders Permittee Disposal of Surplus Stock Exploding Questions and Answers Ammunition Requirements Explosives Thefts from 2006 thru 2012 TF was recently asked if .50 caliber or smaller Firearms & Explosives Industry Division (FEID) exploding rifle ammunition is exempt as “small Division Chief Debra Satkowiak arms ammunition” under the Federal explosives laws and regulations. Deputy Division Chief Chad J. Yoder In general, firearms ammunition is an “explosive” Explosives Industry Programs Branch (EIPB) because it typically contains smokeless powder and other Branch Chief Paul W. Brown explosive materials. However, 18 U.S.C. § 845 generally exempts small arms ammunition and components thereof Firearms Industry Programs Branch (FIPB) from the provisions of 18 U.S.C., Chapter 40. ATF has Branch Chief Nicholas E. O’Leary long held that the term “small arms ammunition” pertains Firearms Technology Branch (FTB) to .50 caliber or smaller rifle or handgun ammunition, Branch Chief Earl L. Griffith as well as certain shotgun ammunition. Further, under 27 CFR 555.11, ATF has defined “ammunition” in part, as “small arms ammunition or cartridge cases, primers, Visit ATF on the Web! bullets, or smokeless propellants designed for use in www.atf.gov small arms…” Accordingly, .50 caliber or smaller rifle ammunition containing only smokeless powder, primers, and other items specifically listed as components of small Working for a Sound arms ammunition, is exempt from the Federal explosives and Safer America laws and regulations. In contrast, bullets containing other pyrotechnic mixtures or high explosives (e.g., exploding ammunition, tracer ammunition, and “spotter” ammuni- tion), do not meet the definition of “ammunition” under 27 CFR 555.11, and therefore are not exempt as small arms ammunition. Persons engaged in the business of manufacturing .50 caliber or smaller ammunition containing explosive materials other than smokeless propellants or other listed components designed for use in small arms must have a license to manufacture explosive materials and abide by all other requirements imposed on licensed explosives manufacturers, unless subject to a separate exemption identified under 18 U.S.C. § 845 (e.g., manufacture by the U.S. military). Likewise, persons acquiring such ammunition must have a license or permit unless other- wise exempt (e.g., a government entity). Further, such ammunition would be considered “ammunition” under Smoke grenades (canisters) are devices that release the Federal firearms laws, 18 U.S.C. 921(a)(17)(A), and smoke when a pin is pulled. They are used by military any such projectiles with more than ¼ oz. of explosive personnel for signaling or as a screening device for troop or incendiary charge would be subject to the National movements as well as for law enforcement operations. Firearms Act as “missiles,” 26 U.S.C. 5845(f)(1)(D). Smoke grenades generally emit a far larger amount of smoke than smoke bombs. Also, smoke grenades typically contain a fuze, which is not to be confused with Smoke Producing Devices the fuse used in smoke bombs. Both fuses and fuzes contain a low explosive, such as black powder, smokeless powder, or pyrotechnic TF has recently been asked if smoke producing composition. When installed, fuses are generally visible devices are regulated under 18 U.S.C. Chapter from the exterior of the device, while fuzes are contained 40 and 27 CFR, Part 555. Smoke producing within the device and often cannot be seen. Fuses are devices can be divided into two categories: smoke bombs initiated by the direct application of flame or electricity, and smoke grenades (canisters). These devices consist of while fuzes are initiated through an external action or a fuse/fuze and a smoke composition. stimulus, such as direct impact, friction, or complex Smoke bombs generally come in two forms, a smoke mechanical (and sometimes electronic) processes. Fuses ball or a smoke candle. A smoke ball is a hollow, cherry- are often used within the fireworks industry, while fuzes sized sphere of brightly colored clay or cardboard filled are used in devices such as large explosive ammunition with a smoke-generating composition that produces or grenades. a forceful jet of colored smoke for several seconds. A Additionally, a smoke composition is designed primarily smoke candle (also called a smoke generator or smoke to generate smoke. The composition is often based on canister) is a cylindrical cardboard tube, usually 1.5" an oxidizer (e.g. potassium chlorate, potassium nitrate, in diameter and several inches long and resembling a or potassium perchlorate), a fuel (e.g. lactose or sugar), large firecracker, with a fuse. Such a device creates a an optional coolant (e.g. sodium bicarbonate), and one thick cloud of smoke for up to several minutes. Uses or more dyes. Some smoke compositions are considered include providing smoke for sewer inflow leak detection, pyrotechnic compositions. Requests for classification fire-fighter training, special effects, HVAC testing, truck determinations should be directed to the Explosives and trailer leak detection, smoke-screens for paintball Industry Programs Branch. games, and a variety of other air flow visualization and leak detection applications. Smoke bombs are typically Please be aware that any smoke producing device that initiated with an external fuse. Generally speaking, contains explosive materials is a regulated item subject smoke bombs do not meet the exemption under 27 CFR to the laws at 18 U.S.C. Chapter 40 and regulations at 555.141(a)(7) because they do not meet the appropriate 27 CFR, Part 555. Certain explosive devices, such as U.S. Department of Transportation UN classification, devices for signaling in emergency or distress situations, or because of their intended use. A determination would may be exempted per 27 CFR 555.32 as Special Explo- be required to establish if a specific smoke producing sive Devices. Requests to exempt a specific product or device meets the exemption. 2 device from the Federal explosives regulations contained at 27 CFR, Part 555, should be accompanied by a full Canadian Type 4 Magazines description of the product or device and its intended use. vs. U.S. Type 2 Magazines Information should include the types and amounts (net explosive weights) of explosives contained in the completed device; photographs, diagrams and/or TF has seen a marked interest in utilizing schematics of the completed device; material safety magazines classified under Canadian regula- data sheets, and the Department of Transportation tions as “type 4” magazines for the storage of classification. high explosives in the U.S. This article discusses some of the differences between the construction requirements in the Storage Standards for Industrial Explosives, May 2001, published by the Explosives Regulatory Division, Reagents Department of Natural Resources, Canada (Section 4-Type 4 Magazine) and 27 CFR 555.208(a) Construc- TF has received questions from the scientific tion of type 2 magazines. Pertinent ATF Rulings are also community asking whether the manufacture, addressed here. acquisition, or distribution of certain laboratory There are multiple aspects of Canadian type 4 magazines standard solutions, and the explosive materials used in that do not comply with the bullet–resistance standards those solutions, are subject to the Federal explosives as stated in Federal explosives regulations. The regula- laws and regulations. tion at 27 CFR 555.208(a) states, in part, that “Outdoor Laboratory standard solutions known as “reagents” magazines are to be bullet–resistant, fire-resistant, are used to calibrate laboratory equipment or analyze weather–resistant, theft–resistant and ventilated… The and evaluate chemical samples. Some reagents contain exterior and doors are to be constructed of not less than a trace amount—typically no more than 1%—of an ¼″ steel and lined with at least two inches of hardwood.” explosive material dissolved in acetonitrile, methanol, ethanol, isopropanol, or ethyl acetate (either individu- Doors ally or in combination). Once the explosive material is The construction requirements for doors on Canadian dissolved, it is difficult to extract the explosive material, type 4 magazines require the laminated door to be or for the explosive material to precipitate from the fabricated
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