I have done at least a partial amount of research into a topic of concern for I'm sure the vast majority of the Forum: explosives laws and regulations. It seems we all "know" that explosives are illegal, and thus our hobby is also. However, in my search to find out exactly what is and isn't allowed, as well as what the consequences are, I have discovered something. Explosives (on the federal level at least) aren't illegal for the private individual to manufacture, possess, or use. Heck, you don't even need a license!

Think I'm crazy? Check this link from the ATFE website: http://www.atf.treas.gov/explarson/fedexplolaw/.

Having read through it, I find that under the Licenses and Permits section (Subpart D), specific mention is given as to who needs to have a permit from the ATF, namely, persons engaging in business activities related to explosives. "Whoop-dee-doo. That doesn't mean that it gives us permission to make or use explosives recreationally." Not quite, but when combined with the rest of the law, it does. Pulling from the Questions and Answers section of the Law, I submit for your approval questions 36 and 38.


36. When is a manufacturer's license
required?
A manufacturer’s license is needed only by persons engaged in the business of manufacturing explosive materials for sale, distribution, or for business use. For example, persons engaged in the business of providing a blasting service using explosives of their own manufacture would be required to have a manufacturer’s license. Persons who manufacture explosives for their personal, nonbusiness use would not need a manufacturer’s license. [27 CFR 55.11: definition of “manufacturer”, 55.41]



38. I want to buy a small quantity of dynamite from my local dealer to use on my property. Do I need a Federal user’s permit?
No, provided the dynamite is purchased in your State of residence and not transported across State lines. A user’s permit is required when a nonlicensee acquires or transports explosive materials in interstate or foreign commerce (see Question 30).
Except for those items and activities given exempt status under 18 U.S.C. 845 (also see 27 CFR 55.141), all persons who store explosive materials must have storage facilities that meet the requirements of 27 CFR Part 55, Subpart K, “Storage”. [18 U.S.C. 842(j); 27 CFR 55.29, 55.201(a)]


Plain as day, the government actually gives us a clear answer for once: the private manufacture and use of explosives for recreation is completely legal. However, something to keep an eye out for is the stipulation that the ATF tossed in elsewhere; everyone, not just licensed persons, who stores explosives must have an approved storage facility. That said, since we tend to consider home explosives dangerous, most of us make ours just prior to their use, so we have nothing to worry about.

State laws do still apply, even though Federal Law falls in our favor for once, and this is where the rest of you Forumites come in. Our task now is to make this a thread where we have all the individual state laws about explosives linked and explained. Alas for all you poor souls in other countries, you have no hope for legal explosives; however, those of us in the United States DO have hope, we just need to go out and find it. With such laws documented in our favor, we could one day come out from the shadows of our laboratories and find the sheeple clapping and cheering us on for our efforts to improve science. If nothing, perhaps we can revive the explosives section of the Forum with some actual tests.

*Note: I did search the Forum to see if this had been done before, but the most recent(http://www.roguesci.org/theforum/water-cooler/3631-legality.html? & http://www.roguesci.org/theforum/links-literature/4089-federal-laws-explosives-2002-a.html?) were from 2004. I therefore figured that such a post would be of use to the forumites, especially considering that the laws have recently been updated.

As ever, I am not a lawyer, not even in my own country.

The police will, as ever, fuck you up royally if they feel like it, legal or not. In the UK it is legal to own small amounts of even high explosive primaries (e.g. BP in fireworks, cracker snaps, throwdowns with silver fulminate, ng in heart pills), but the police will take action if they feel like it. Then it's all down to who has the best lawyer, and whether they scream "terrorist" (though you don't need a bomb or, indeed, anything at all for that to happen these days!)

Good first post.

Are you just noticing this?

It's the reason things like Tannerite are legal to use.

Third_Rail, ease off a bit. He's new, and it's a good and well laid out post that gives good info. It's the kind of post that might just save your ass if a cop is sniffing around.

Only if you can prove it to the knuckle-draggers satisfaction.

Street pigs don't care if you have citations of case law with you when doing something they think is dodgy. They'll simply tell you to get going, and if you refuse because "It's legal!", they'll arrest you for resisting arrest. :)

No matter what, you won't win at the scene, only later, in the courts, after getting your head busted open in the jail for 'Contempt of Cop'.

And even then, it depends upon the judge or jury. All it takes is a prosecutor
with a political agenda(Believe me, I've been there !) to make a case against
you for the 'safety' of the public at large - or the CHILDREN, a convenent
argument. Don't believe me ? Think of Vernon Wheeler, a Baltimore gun
owner, who was prosecuted under the catchall "Reckless Endangerment"
statute. Mr. Wheeler had done nothing wrong, however, because he was an
outspoken member of the National Alliance, his home was raided and his ass
was hauled into court based on nothing more than the fact that he hated
blacks. His wife had been robbed by a black and that's when his attitude
towards blacks changed. This is political retribution against a man who dared
to take a stand.

I understand that the authorities (*stiffled laugh*) will bypass whatever laws and rulings they wish if they want to put you away, and there's not much you can do about it. However, my purpose was to provide a post where those of us in the United States can know our rights, however much they get trampled on. Heck, you could probably sue the officer in question later for walking all over your rights. I don't think it'd suceed, but even so, the fact that the Federal Law IS on our side for once gives us at least some advantage in a court room.

Another thought is that for the most part, in my area cops are rather easygoing if you handle the situation properly. Don't be beligerent and shove your copy of the Federal and State laws in his face, hand them over nicely and already have the relevant points highlighted so that you can show him what exactly allows you to do this, especially on your own property.

Are you just noticing this?

It's the reason things like Tannerite are legal to use.

Why is it that Tannerite is legal, but it is illegal to buy Al powder and KClO4?

I'd like to know about explosive/pyrotechnic related laws in Canada. Anyone have some knowledge of this?

How about you do some searching yourself, find the answers, and post them here to show others you aren't a spoon-feeder? :)

Why is it that Tannerite is legal, but it is illegal to buy Al powder and KClO4?

Because you could use it for ShATTaN666C SaIANs and create a Tro11 MonsTaR!
(buy DNT and TNT from Merck - it is legal)

Mmm, just remember that thanks to the Safe Explosives Act, nobody can buy explosives without a license anymore, even in-state. However, there still isn't anything meddling with us making and using our own, except state laws.

I know there are at least two states where it's legal to make and use explosives (without a license): Kansas and Idaho. I'd venture to say that Texas is probably another, though I haven't done any research on that front yet. Anybody else know of states where it's legal?

Hmm, buying Al and KClO4 is legal here, at least... where are you looking?

After I get a good building build 500 feet from everything else inhabited, I simply must get a few pounds of dynamite and a few blasting caps. Seems that it is legal here for agricultural purposes, etc., and I couldn't be happier!

Well those of us living in Michigan are fucked.

Explosives act of 1970 (excerpt)
Section 29.43 Disposition of explosives; permit required, exceptions.

A person shall not handle, store, control, use, sell, purchase, transfer, transport or otherwise dispose of an explosive unless he has applied for, obtained and has on his person a valid permit as prescribed by this act, except that:

(a) This section does not apply to an employee, or agent other than an independent contractor, acting in the scope and course of his employment or agency and under the supervision of his employer or principal, where the employer or principal has applied for and obtained a valid permit.

(b) A person need not have the permit on his person where he is only storing explosives.

I dont see any way to get around that without a permit...

As Fart posted a couple of years ago, most states have to have some kind of exemption, because this is all legal stuff in the "rights" department. Most use the "agriculture use" excuse to comply.

On another note in the same song, an ex federal "gun court judge" wrote an article for SOF magazine. It had to do with who fire arms laws apply to. The answer being NO ONE unless you have a license or permit. And because of the second amendment, very few people need a license, and NO ONE needs a permit. The authority to regulate, comes through the "Interstate Commerce Clause".

I am telling you this because I lost my copy of the article and was wondering if any of you guys out there has a copy and could you scan it and post it or send it to me? If my recollection is correct, it would be about 7 years ago at least.

Also, I think the bio said he was the FOREMOST expert on "gun law" in the USA!

BTW NBK is correct. The biggest abusers of "Rights" is your local cop. They're there for 2 reasons; The money and benny's and/or the authority to bully people. For those reasons, they will do whatever the boss tells them to. There are very few left who are there for patriotic reasons (there are a few though. I know 2).

Just remember....

This is very true. If you build a machine gun completely from scratch, with no parts having transferred through interstate commerce, then it is completely legal. This is only if it is legal in your state though. You may have to follow the guidelines of your state.

I would suspect the same would have to apply for explosives, Supressors, AOWs, and Destructive Devices. That is if they are legal in your state, and you build them completely from scratch for your own personal use.

If you get caught you will most likely be jailed unless you have a good defense planned or an attourney who knows what they are doing. Bob Stewart(the guy who sold .50 BMG sniper rifle kits) who went to jail anyway, got all the machine gun charges against them dropped, because he completely made them from scratch in his machine shop, and machine guns were legal in his state.

If you use a parts kit, like most people do and just make/finish the reciever, then it is completely illegal because those parts at one point traveled through interstate commerce.

Even though interstate commerce may originally have been for in between states, now it just means any sale between anyone. The only things that you can defend against now have to never have been bought or ever be sold, and made from scratch.

This would also be true for drugs also, except that they have specificly made the point of mirroring most federal laws in the states, even though it is not required.

I've recently found that Queensland government allows explosives for a “chemical experiment”.

Acts, SL as in force
Explosives Act 1999
Reprint 2B
Amendments included 2004 Act No. 4
Effective 6 May 2004

http://www.legislation.qld.gov.au/LEGISLTN/SUPERSED/E/ExplosivesA99_02B_040506.pdf

Part 4, Division 4 §38 Explosive to be manufactured under authority

(1) A person must not manufacture an explosive unless the person holds
an authority that authorises the person to manufacture the explosive.
Maximum penalty—400 penalty units or 6 months imprisonment.

(2) Subsection (1) does not prevent a person—
(a) manufacturing, not more than 500 g of an explosive, or a smaller
amount prescribed under a regulation, under direct adult
supervision, for use by the person manufacturing it in a chemical
experiment; or
(b) reconditioning an explosive at a government magazine or under
an inspector’s supervision; or
(c) if the person is licensed or otherwise authorised to use a weapon
under the Weapons Act 1990—filling ammunition for the weapon
for use by the person.

(3) Also, subsection (1) does not prevent the holder of an authority to use
an explosive manufacturing an explosive prescribed under a regulation for
this section (a “prescribed explosive”), by a manual operation performed
under conditions prescribed under a regulation, for the holder’s immediate
use.

(4) In addition, subsection (1) does not prevent an inspector
manufacturing a prescribed explosive, by a manual operation performed
under conditions prescribed under a regulation, for the inspector’s
immediate use.

NBK's right no spoon feeding, but it is nice to help:)