Explosives Questions and Answers

Except for those items and activities given exempt status under 18 U.S.C. 845 (also see 27 CFR 555.141), or exempted under 27 CFR 555.32, Special Explosives Devices, all persons who store explosive materials must store them in conformity with the provisions of sub part K of the regulations.

[18 U.S.C. 842(j); 27 CFR 555.29, 555.141, 555.201(a)]

There are 3 classes of explosive materials:

(a) High explosives (for example, dynamite, flash powders, and bulk salutes);

(b) Low explosives (for example, black powder, safety fuses, igniters, igniter cords, fuse lighters, and “display fireworks”, except for bulk salutes); and

(c) Blasting agents (for example, ammonium nitrate-fuel oil and certain water gels).

[27 CFR 555.202]

No. Storage of explosive materials in a residence or dwelling is prohibited. (See also ATF Ruling 2002-3.)

[27 CFR 555.208(b), 555.210(b), 555.211(b)]

The more restrictive distance, generally the table of distances for high explosives at 27 CFR 555.218 would be applied using the total weight of explosive materials in the magazine.

[27 CFR 555.218]

Yes. Any person storing explosives must inspect the magazines at least once every 7 days to determine whether there has been unauthorized entry or attempted entry into the magazines or unauthorized removal of the contents of the magazines.

[27 CFR 555.204]

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.

It should be noted that persons engaged in the business of importing or manufacturing smokeless powder designed for any use must have a Federal explosives license. Further, importers of smokeless powder designed for use in small arms ammunition must also possess an ATF firearms importers license (Type 08 or 11); must register with ATF under the provisions of the Arms Export Control Act; and must submit (to ATF) and receive an approved ATF Form 6 – part I (5330.3A), Application and Permit for Importation of Firearms Ammunition and Implements of War.

No. However, products which are manufactured with a detonator attached to the detonating cord as an integral part need not be disassembled and stored separately.

[27 CFR 555.213]

Yes. There is no exemption in the law or regulations for the storage of explosive materials by any State or political subdivision thereof.

[18 U.S.C. 842(j), 845(a)(6); 27 CFR 555.141(a)(3), (a)(5)]

Data is entered as soon as the U.S. Bomb Data Center has received the information. Each incident's case information is updated throughout the case history of the file.

All activities conducted outside the scope of a U.S. Government contract are subject to the requirements of Part 555, even if the activities are conducted on property owned by the military.

[18 U.S.C. 845(a)(3), (a)(6); 27 CFR 555.26, 555.29, 555.41, 555.141(a)(3), (a)(5)]

Yes, provided that all the explosive materials in question are manufactured under a government contract. Any explosive materials manufactured in anticipation of receiving a government contract would not qualify for this exemption. If the contractor manufactures any explosive materials not pursuant to a U.S. military contract, the manufacture and the explosive materials are subject to all requirements of the law and regulations.

Some contracts may allow the contractor to retain excess or extracted explosive materials for their own use, for use in further manufacture, or for sale in commerce. In such a case, ownership of the explosive materials typically passes from military to the private company. ATF generally considers this acquisition and any further activities involving the explosive materials to be regulated by 27 CFR Part 555.

As long as the demil operator has a valid Department of Defense contract to perform such operations, the operations would be exempt from 27 CFR Part 555 and no license or permit would be required. However, if title to the explosive materials has passed from the military to the demil operator then the materials must be stored under Part 555 requirements and subsequent operations may be regulated by ATF (e.g., storage, sales, manufacturing) and an ATF license or permit may be needed. Contact the nearest ATF field office for further information.

[18 U.S.C. 845(a)(3), (a)(6) and 27 CFR 555.141(a)(3), (a)(5)]