ATF Reclassifies Federal Explosives Laws With Rule Change towards gunpowder

[Artful]

http://www.weapon-blog.com/2016/08/breaking-atf-reclassifies-federal-explosives-laws-with-rule-change/

Don’t forget that the ammunition manufactures can’t sue. They can choose to either go out of business or raise prices to cover the increased expenses. But sense there is no ramp up period, as of right now all ammo manufactures are in violation of this new rule (can’t say law because it’s not).
In an Explosives Industry Newsletter issued in June 2016, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) reclassified wetted nitrocellulose containing greater than 12.6 percent nitrogen as a high explosive under the federal explosives laws.
As explained below, this is a dramatic and sudden change in agency policy with a significant impact on the ammunition industry. The new policy was announced in a newsletter without any opportunity for industry input.
I. Background
The federal explosives laws, 18 U.S.C. Chapter 40, regulate commerce in “explosive materials.” The term “explosive materials” is defined as explosives, blasting agents, and detonators. The term “explosives” is defined as any chemical compound mixture or device the primary or common purpose of which is to function by explosion. The definition requires ATF to publish an annual list of explosives that fit within the statutory definition. The 2015 List of Explosives is available at https://www.gpo.gov/fdsys/pkg/FR-201...2015-26994.pdf.
Exemptions from the requirements of the federal explosives laws are provided, in pertinent part, for: (1) the transportation, shipment, receipt, or importation of explosive materials for delivery to any federal or State agency; (2) for small arms ammunition and components thereof; and (3) for the manufacture under the regulation of the U.S. military of explosive materials for their official use.
The term “ammunition” is defined in 27 C.F.R. § 555.11 as follows:
“Small arms ammunition or cartridge cases, primers, bullets, or smokeless propellants designed for use in small arms, including percussion caps, and 3/32 inch and other external burning pyrotechnic hobby fuses. The term does not include black powder.”
ATF’s longstanding position is that the small arms ammunition exemption applies only to .50 caliber or smaller rifle or handgun ammunition as well as certain shotgun ammunition. This position is clear in a June 2013 Explosive Industry Newsletter addressing exploding ammunition.
ATF also exempts other components of small arms ammunition from the requirements of the law and regulations, but only if such components are listed in the definition of “ammunition” in 27 C.F.R. § 555.11. This means that smokeless powder and primers are exempt from record keeping and storage requirements. However, other explosive materials used to manufacture ammunition will not be exempt until incorporated into one of the components of ammunition listed in the regulation, including smokeless powder or a complete round of small arms ammunition. Thus, wetted nitrocellulose containing greater than 12.6 percent nitrogen may be lawfully shipped, transported, or received only by persons holding federal explosives licenses or permits. Nitrocellulose must be recorded in records of acquisition in accordance with 27 C.F.R. § 555.123(b). The wetted nitrocellulose must also be recorded in the daily summary of magazine transactions required by 27 C.F.R. 555.127 and stored in storage magazines meeting the construction, tables of distance, and other requirements of storage regulations in 27 C.F.R. Part 555. At the point the nitrocellulose is incorporated into smokeless powder or a complete round of ammunition, it is exempt from the requirements of the record keeping, storage, and other requirements of federal law and regulations.
Read the rest of the article: http://www.ammoland.com/2016/08/atf-...-federal-laws/

[DerekP Houston]

Wow.....I hope this gets over turned quickly. Nothing like a fly by night ruling with no input to piss people off.

[Mytmousemalibu]

Time to band together with a united voice like we did when they tried to in effect, ban 5.56 green tip. Damn im getting sick of this ****!

[NavyVet1959]

Who was the fascist idiot that thought allowing agencies to create their own rule would be a good idea. I want to go piss on their grave.

[dverna]

This is only the beginning. Rulings like this do not directly infringe on the Second amendment. Neither will taxing ammunition, and components. They achieve some of their goals to restrict shooting by making it increasingly expensive to participate in shooting sports and not deal with a hot political issue.

It it is like dying from 100's of bee stings, none of which, alone would be serious; but additively they cause sufficient trauma to kill. Watch for more rules when Hillary wins.

[M-Tecs]

Life under the Dems.

[Hickory]

So, if I reload ammunition for myself, I am now a ammunition manufacturer?
Subject to these new rules/law?

[NavyVet1959]

This is only the beginning. Rulings like this do not directly infringe on the Second amendment. Neither will taxing ammunition, and components. They achieve some of their goals to restrict shooting by making it increasingly expensive to participate in shooting sports and not deal with a hot political issue.

It it is like dying from 100's of bee stings, none of which, alone would be serious; but additively they cause sufficient trauma to kill. Watch for more rules when Hillary wins.

Which makes me think of Beant Singh and Satwant Singh. Of course, our people with that sort of access do not remember their oath to defend the Constitution against all enemies, foreign and DOMESTIC. As such, the politicians know that they can do whatever they want to us and suffer no consequences.

12.6% nitrogen? Next thing you know, they're going to outlaw breathing AIR...

[shoot-n-lead]

So, if I reload ammunition for myself, I am now a ammunition manufacturer?
Subject to these new rules/law?

NO, you are not an ammo manufacturer...this applies to the powder companies...it pertains to one of the ingredients of gun powder.

However, it will affect powder availability and price...so, YES, you are subject to these new laws, vicariously.

[Hickory]

NO, you are not an ammo manufacturer...this applies to the powder companies...it pertains to one of the ingredients of gun powder.

However, it will affect powder availability and price...so, YES, you are subject to these new laws, vicariously.

Just when you think it can't get any worse, it does.
And on November 9th I may wake up to more bad news.

[B. Lumpkin]

Just made my last powder order this afternoon. I'm done after that. I'm just sick and tired of going from one panic to the next, and trying to buy a life time worth of component over a 4 year period. I have what I have, and when I'm out of components I'll sell all of my soon to be pre-ban guns for super profit and buy a house on a mountain in Tennessee.

[9w1911]

Primers, primers, primers.

[Mytmousemalibu]

A good friend of mine spoke to Jim Hodgdon this morning about this. Word is it should only affect St.Marks and Alliant and related to commercial storage of powder. Which is just stupid as they supply the military and much of the alphabet agencies. Expect this to be reversed or changed pretty quickly.

[RogerDat]

This whole thread is a double post, same information also posted http://castboolits.gunloads.com/show...=1#post3762509

With more article. I was just about to add this link to Mytmousemalibu post in that thread that provide the only useful information other than the original story.

[daschnoz]

A good friend of mine spoke to Jim Hodgdon this morning about this. Word is it should only affect St.Marks and Alliant and related to commercial storage of powder. Which is just stupid as they supply the military and much of the alphabet agencies. Expect this to be reversed or changed pretty quickly.

Sucks for them, but man do I hope you're right...

[Artful]

http://www.thefirearmblog.com/blog/2...kly+Newsletter

BREAKING: Latest ATF Move Could CauseAmmunition Price Spike Due To Component Reclassification


Just recently the ATF sent out their monthly explosives industry newsletter detailing a new take on the legalities regarding transporting “wetted” nitrocellulose, a compound used in the production of smokeless powder, stating that wetting the nitrocellulose no longer made it a non-explosive and it would be subject to increased regulation.
What this means for the ammunition industry is largely unknown at this time. There is speculation as always that the price of ammunition will go through the roof, but without knowing more about the new ruling and what new hoops manufacturers will have to jump through any speculation is better received from a set of discount tarot cards.
Sadly if the speculators are correct about ammunition costs exploding (heh, pun intended) not only will the average purchaser of loaded ammunition be affected, but also the reloader who normally misses out on this sort of fun. Even the DOD will be hit pretty hard by the new ruling, after all, the ammunition plants that supply the military also supply a good majority of civilian shooters.
My educated guess is that this will not affect anything, the ATF would have to be out of their gourd to make such a sweeping change without notifying large ammunition manufacturers.
Below is the excerpt from the ATF newsletter detailing the new opinion:

ATF was recently asked about the status of nitrocellulose under the Federal explosives laws and regulations. “Nitrocellulose explosive” is on ATF’s List of Explosive Materials. ATF has determined that nitrocellulose containing greater than 12.6 percent nitrogen is a high explosive under 27 CFR, Part 555 (nitrocellulose containing 12.6 percent or less nitrogen is generally not an explosive material under Part 555). Therefore, it must be stored in a type 1 or type 2 magazine. We are aware that the U.S. Department of Transportation may assign a nonexplosive classification to nitrocellulose when it has been wetted with water or alcohol. This is based, in part, on the diminished likelihood of explosion in a transportation accident. Because the nitrocellulose retains its explosive characteristics when the water or alcohol is removed, the wetted nitrocellulose remains a nitrocellulose explosive, subject to the licensing, safety and security requirements of the Federal explosives regulations. However, based upon the diminished likelihood of wetted nitrocellulose exploding, ATF will consider variance requests to store the wetted material under an alternative arrangement.

Where did I put my Tarot cards?

My experiences tell me everytime that the .Gov steps in with more regulations the price of a product goes up.

[Rayber]

NO, you are not an ammo manufacturer...this applies to the powder companies...it pertains to one of the ingredients of gun powder.

However, it will affect powder availability and price...so, YES, you are subject to these new laws, vicariously.

It's been a good while since I had the time to read or post @ CastBOOLITS.
This is not a LAW, it's a regulation for the safe handling of an explosive. the "DEMS" had nothing to do with this. The "Repos" have total control of any laws being passed. They screwed us, the people, every which way possible just to prevent the President from functioning. I am an Independent looking at the fools of government.
I truly feel this is just another idiotic attempt to get the gougers and hoarders back into making money and cause more dislike for the government. Individuals scream and gnashing their teeth about nothing. Just when everything is getting back on the shelf. Walmart has powder and any caliber ammo on the shelf at the same price as it was when all the huffing and puffing started. It was all a hoax. They've already found a solution to any transport problems.. just ship it wet. Answers right in the article. Nitrogen (fertilizer) has been on the hit list since the Oklahoma City bombing.
. If you really want to have fear of restrictions think about the explosive powers of the gasoline you put in your car. I dare you to pour a pound of any ball powder used for handloading on the ground, now fill the can with gas and pour it on the ground 10 feet away. Drop a match on the gunpowder. You probably won't have to even strike a match for the gas, it went boom when you tried to get the gun powder to burn. Nuff said.

I could be all wrong about this but why worry, there are better air rifles out there all ready. There's even a gun that uses gasoline. Lewis and Clark had a repeating air rifle when they explored the West Coast. If you cast your own you have the hard part already.
We Cast and reclaim 99% of the lead we (4) shoot. I still have 58 lbs of my original 65 lbs.
THX Ray

[Hamish]

1. Is wetted nitrocellulose an explosive? No.

2. Has there been an incident of wetted nitrocellulose exploding during the transport process? Not so far as I've been able to find.

3. Does any of this have anything to do with a real or even imagined danger concerning wetted nitrocellulose?

NO.

[historicfirearms]

It looks like the ATF is now reconsidering the rule change:

ATF’s June 2016 Explosives Industry Newsletter included a brief discussion of Nitrocellulose, and attempted to clarify the circumstances under which wetted Nitrocellulose is considered a high explosive under 27 CFR, Part 555. As with all explosives, ATF’s focus is on the potential public safety risks associated with materials that can be misused or diverted to unlawful purposes. Subsequent contact from industry members who import, transport, store or employ wetted Nitrocellulose in the production of ammunition, however, has brought to our attention issues that were not fully addressed in the Newsletter and require further consultation and consideration with the industry. Accordingly, ATF has and will conduct further industry outreach concerning wetted Nitrocellulose. In the interim, previously authorized industry practices concerning wetted Nitrocellulose will not be affected.

[Tackleberry41]

I do not see this lasting. Yes its a backdoor way to make it really expensive to buy ammo or reload. But as the article I read states, it affects EVERYBODY. The military would suffer as well as LE, they buy their ammo from the same people as we do. And there simply isnt enough LE or military contracts to keep Winchestor/Olen, Remington, etc in business. Be alot of people out of work. People who vote, and will write their congressman.