Disturbing new revision to regulations regarding storage of "explosives"
On August 11th, 2023 The U.S. Attorney General revised 27 CFR 555.201 para. (f) to read:
(f) Any person who stores explosive materials shall notify the authority having jurisdiction for fire safety in the locality in which the explosive materials are being stored of the type of explosives, magazine capacity, and location of each site where such explosive materials are stored. Notification shall be made orally before the end of the day on which storage of the explosive materials commenced, and in writing within 48 hours from the time such storage commenced. Thereafter, written notification shall be made once every 12 months following the initial notification, but no later than the end of the month during which the 12-month period is completed, unless the person is no longer storing explosive materials at the relevant site. When a person ceases to store explosive materials at a site, written notification to the authority having jurisdiction for fire safety in the locality in which the explosive materials were stored shall be made within 48 hours of the person discontinuing storage. Each written notification must also contain the name, title, and agency of the fire authority official notified and the date of the written notification. A copy of each written notification must be maintained by the person submitting the notification for five years from the date of notification and made available for examination or inspection by an ATF officer at all reasonable times.
Dated: August 11, 2023.
Merrick B. Garland,
Attorney General.
No problem, you say? Smokeless powder is a propellant, not an "explosive" you say? Not according to our Federal Government which lists 'smokeless powder' as an 'explosive' on p.77890 Volume 87 No. 243 of the Federal Register.
S
Safety fuse.
Salts of organic amino sulfonic acid
explosive mixture.
Salutes (bulk).
Silver acetylide.
Silver azide.
Silver fulminate.
Silver oxalate explosive mixtures.
Silver styphnate.
Silver tartrate explosive mixtures.
Silver tetrazene.
Slurried explosive mixtures of water,
inorganic oxidizing salt, gelling agent,
fuel, and sensitizer (cap sensitive).
Smokeless powder.
Sodatol.
Sodium amatol.
Sodium azide explosive mixture.
Sodium dinitro-ortho-cresolate.
Sodium nitrate explosive mixtures.
Sodium nitrate-potassium nitrate
explosive mixture.
Sodium picramate.
Squibs.
Styphnic acid explosives.
Has anyone heard more on this? It sounds like a back-door method to institute limitations on our hobby.
Is smokeless powder used in small arms ammunition subject to storage requirements
Is smokeless powder designed for use in small arms ammunition subject to the explosives storage requirements?
Smokeless powders designed for use in small arms ammunition are exempt from regulation under 18 U.S.C. Chapter 40 and the regulations in 27 CFR Part 555. Packaging that readily identifies the smokeless powder as being designed for use in small arms ammunition may help in determining whether it is entitled to the exemption.
Smokeless powder designed for use other than in small arms ammunition, and explosive products such as squibs, fireworks, theatrical special effects, or other articles that may contain smokeless powders, are regulated and must be stored pursuant to the regulations at 27 CFR 555, Subpart K – Storage.
Source: Is smokeless powder designed for use in small arms ammunition subject to the explosives storage requirements? | Bureau of Alcohol, Tobacco, Firearms and Explosives
The current rule and proposed rule will impact those that are in the business, ATF estimates there are 9,674 licensees and permittees. They will have to deal with the extra paperwork and labor costs.
Current rule:
Any person {License or permit holder} who stores explosive materials shall notify the authority having jurisdiction for fire safety in the locality in which the explosive materials are being stored of the type, magazine capacity, and location of each site where such explosive materials are stored. Such notification shall be made orally before the end of the day on which storage of the explosive materials commenced and in writing within 48 hours from the time such storage commenced.
Proposed new rule:?
Any person {License or permit holder} who stores explosive materials shall notify the authority having jurisdiction for fire safety in the locality in which the explosive materials are being stored of the type of explosives, magazine capacity, and location of each site where such explosive materials are stored. Notification shall be made orally before the end of the day on which storage of the explosive materials commenced, and in writing within 48 hours from the time such storage commenced. Thereafter, written notification shall be made once every 12 months following the initial notification, but no later than the end of the month during which the 12-month period is completed, unless the person is no longer storing explosive materials at the relevant site. When a person ceases to store explosive materials at a site, written notification to the authority having jurisdiction for fire safety in the locality in which the explosive materials were stored shall be made within 48 hours of the person discontinuing storage. Each written notification must also contain the name, title, and agency of the fire authority official notified and the date of the written notification. A copy of each written notification must be maintained by the person submitting the notification for five years from the date of notification and made available for examination or inspection by an ATF officer at all reasonable times.?
The ATF's use of the word Person instead of Licensee or Permit holder gives me some pause. Is that a foot in the door?
Also the double meaning of Smokeless Powder could have been better clarified.
Seems their stated purpose for this change is for:
This annual notification will increase public safety through increased communication between storers of explosive materials and their local emergency responders, provide updated storage information to local authorities, and allow for risk assessments and emergency response preparation prior to incidents, thus reducing potential safety and damage risk to first responders and emergency equipment, respectively.
Anyone else feel the panic buying going on right about now? A week from now.... A month ?
