New ATF Regulation Means Licensing is Required to Transport DIY Fireworks

[NightHawkInLight]

It just got harder to stay legal. It's been abuzz within the Michigan Pyrotechnics Arts Guild mailing list that new clarification by the ATF now means it is no longer legal to transport home built fireworks to shoot for no personal gain at a legal shooting area. This means club events, as well as the PGI. A licensed driver must pick up any fireworks you wish to bring to a shoot for transport and storage. Here is the official news (I have underlined and bolded the key parts):

 

Transportation of Fireworks by Hobbyists

June 2009 Update: URGENT READING

By John Steinberg

 

This article has been vetted for legal accuracy and reviewed by PGI

Attorney, Doug Mawhorr.

 

If you are even thinking about bringing fireworks to the PGI, that are

regulated as explosives by ATF, please read this article thoroughly as there

has been a major change in rules interpretation and enforcement by ATF. Let

me also clarify and reiterate DOT rules interpretation which has NOT changed.

 

DOT:

1) If you are NOT in commerce, DOT rules and regulations do NOT apply to

you. You need not have a CDL, placards, log book, MCS 90 insurance

certificate and $5 million in coverage, hazardous materials registration, etc.

2) If you are in commerce, you need all of the above and more.

Conclusions:

If you are bringing your own non-commercial fireworks to the PGI for your

own enjoyment, DOT has no issue with you and you have none with them. This

has not changed.

If PGI is paying you to do a display, EVEN if you are a club, you MUST

find a qualified means to transport your pyrotechnic materials to the

convention. This most likely means working with a display company as no club I know

of, including the PGI, can afford to become a commercial transporter of

display fireworks.

 

ATF:

 

Some history is required here:

On May 24, 2003, the Safe Explosives Act took effect. This required an ATF

license for ALL transportation of regulated explosives on public roads. “

Public roads” means anything off your personal property.

A User Limited ATF license will allow intrastate transportation.

An ATF license, of any type greater than User Limited, is required for

interstate transportation.

In 2006, the ATF conducted an enforcement operation at the Appleton PGI

convention. Though no material was seized and no persons were charged, this

created a problem that we felt needed to be addressed.

To that end, on December 11, 2006, our attorney, John Brooke, Tom Handel,

and I met with ATF and DOT personnel at ATF HQ. Representing ATF at that

meeting were, among others, ATF Co-Chief Counsel, Teresa Ficaretta, Arson and

Explosives Division Explosives Industry Branch Programs Chief Gary Bangs,

and his immediate superior, Mark Jones, the Deputy Division Chief.

An agreement was arrived at, endorsed by ATF Counsel, that a member of a

club could transport hobbyist materials to a club event under the club ATF

license. An agreement was also reached whereby it was determined that

travel requiring an overnight stay would still be interpreted as transportation

and that no magazine storage would be required. Table of distances

requirements would be in force, however, but cars would not count as occupied

structures, so parking lots would have sufficed so long as the vehicle was

locked. The details of and permissions granted under this agreement have

previously been published in some detail and I will not reiterate those details

here.

Though we asked ATF to reduce this agreement to writing, no written

response was ever provided to the questions we posed. These questions have now

been answered in the June 2009 ATF Explosives Industry Newsletter.

For two and a half years, this verbal agreement was honored. No other

interpretation was offered and enforcement was consistent with the agreements

reached in 2006 by ATF and PGI.

 

DOT did not offer any changes in regulatory interpretation at this meeting

and none were requested of DOT by PGI.

 

The ATF regulation interpretation has now changed. The permissions

previously afforded members to transport under a club license have been

unilaterally rescinded and previous permissions granted must be considered as revoked.

 

If you are a non-ATF-licensed hobbyist:

1) You may continue to make and use regulated explosives for your own

non-commercial enjoyment on your own property and must comply with lawful

storage requirements.

2) You may NOT transport that material to a club event on the club license.

3) You may transfer your material to an ATF license holder. BUT, you may

NOT transport the material off your property to that license holder. An ATF

license holder may come to you, collect your material, create a record of

acquisition, and then transport the materials to his magazine, logging them

in properly. This is NO longer your material. The transfer must remain

NON-COMMERCIAL. No payment for this service may be made by you to the license

holder nor any payment made to you for the material. The license holder may

bring this non-commercial material to an ATF-licensed-club event and

transfer the material to the possession of the club. The club must create a

record of acquisition. If you are a member of the club, with the club’s

permission, you may then be allowed to fire said material at that club event. But,

the material can never be returned to your possession.

 

From this point forward, with NO EXCEPTIONS:

You MUST have an ATF User Limited License for ANY intrastate (within your

state, crossing NO state boundary lines) transportation of regulated

explosive materials, whether in commerce or not.

You must have an ATF license, of any type greater than User Limited, which

is required for ANY interstate transportation of regulated explosives.

 

Further, as if that news were not enough, you are now in transportation

ONLY while en route and moving. Whether or not you are an ATF license holder,

if you stop overnight, your material MUST either be placed in a lawful

magazine or, in a locked and attended vehicle AT THE DISPLAY SITE.

 

I was pleased that we could work out the agreement that was in force for

the last two and a half years. I am dismayed that an agreement that worked so

well has now been unilaterally discarded without any consultation with or

communication to those affected, except as provided in the newsletter. But,

that’s the way it is.

 

Given the recent changes in ATF interpretation of explosives rules that

rescind these two key allowances previously afforded hobbyists as published in

the June Industry Newsletter, I think it would be both reasonable and

prudent to expect an ATF enforcement action at the PGI convention and, perhaps,

at other regional club activities. Thus, if you are not 100% certain you

are lawfully transporting fireworks (non-commercial, ATF license holder) do

not even think about doing so this year. If you can find a license holder

to come collect your material and are willing to part with it, as described

above, this is your only remaining option to be a non-licensed hobbyist

manufacturer and shoot your material at club events held at sites other than

on your property. Otherwise, your best course would be to obtain an ATF

license and a contingency storage letter from a license holder or to establish

proper storage on your own premises.

 

Remember, a license holder may still grant you permission to store material

in his or her magazine, so, while a license is required for

transportation, you need not have storage on your property. As an example, a member of

the Crackerjacks club could:

1) obtain a user, non-limited ATF license

2) make fireworks for his own enjoyment at the Crackerjacks club site

3) store the material in the Crackerjacks magazines, after obtaining

written permission to do so

4) then collect the material and transport it, without any DOT

constraints, to the PGI event or other event, so long as NO compensation is provided

for your doing so (you must remain non-commercial)

 

In closing, this is, in my opinion, bad news and certainly makes life more

complicated, but, for all but a few hobbyists, there are still solutions

that will allow you to continue to enjoy your hobby. Whatever you choose to

do, please do so lawfully. If you have any questions, feel free to contact

me by email. I will answer your questions and have our attorneys vet those

answers for accuracy.

[TheSidewinder]

I saw that message from the PML/PGI list.

 

My response can't be printed here, or I'd violate the rules about excessive profanity.

 

 

 

Looks like the screws are being tightened on another one of our liberties, boys and girls.

 

And I guess it's just a coincidence that this happened right after we elected a flaming Liberal for president, hmm?

 

I wonder what's next.....

[Swede]

F F F

 

Makes me want to move to Montana on 200+ acres and say "Screw you all." 11 years in uniform, handling weapons that could cause thousands of deaths, and now I can't be trusted with a 3" willow cannister.

[Arthur]

In the UK the driving licence endorsement to carry explosives means doing a three day course for a fee of about £200. Is this sort of thing possible in the USA. -Get the ticket and be legal?

 

As a work round for you, would it be compliant and lawful for you to carry the ingredients and make the item on site.

[NightHawkInLight]

As a work round for you, would it be compliant and lawful for you to carry the ingredients and make the item on site.

Yeah, that is legal. That's something to think about. Maybe I'll bring that up with the MPAG and see if we can have some additional build time in the morning before shoots. The other thing to consider though is that stars are a 'regulated explosive', therefore, also illegal to transport without license. Making stars from the basics on site is a bit unrealistic.

 

Perhaps a licensed member could just bring a truckload and everyone donates excessive amounts of gas money, therefore keeping the transaction outside of commerce.

 

TheSidewinder has expressed my feelings exactly.

[psyco_1322]

Looks like more rockets and less shells to me. Overall I'm pissed and about in the same with Sidewinder.

[asilentbob]

Yup. Pissed.

 

License looking better and better...

[NightHawkInLight]

Yup. .

 

License looking better and better...

Were I 21...

 

Fortunately there are quite a few great guys in the MPAG willing to transport fireworks for the unlicensed ones. What a pain in the arse though. I hate to ask.

 

I wonder though, who seriously thinks this crap up? When was the last time you heard of an accident happening when 1.3 fireworks were being transported legally for non-commercial use under the old regulations? And you know we would have heard of it if there had been anything at all. What sun deprived raisin like old woman at the ATF just up and decided they weren't being strict enough on the few pyro's that strive to be legal? "Lets force them all to go underground so we can arrest them for breaking our made to order laws..."

 

Pisses me off. I really would like to talk to whoever proposed this and see if they can give one logical reason as to why.

[Ralph]

you guys have it good in Australia get arrested if you say bp in public (not really)

[Arthur]

As the UKPS has progressed over the past couple of years, several individual members have gained official recognition, done legally and industry recognised training etc. There is a course running soon to get lots of us trained (and licence endorsed! ) to drive explosives on the road.

 

As we have become a community (even though largely an e-community, small groups have organised recognised training and qualification sessions. This could well be taken as a model for other national groups, 20 firework enthusiasts splitting the cost of a course brings the price into hobby budget range.

 

Australia managed a superb show for Milleniun midnight, the Sydney Harbour bridge show was broadcast round the world. There must be a pro firework industry to associate with and learn from, so that you get recognised by them and maybe become employed by or alongside them doing fireworks.

[Richtee]

I saw that message from the PML/PGI list.

 

My response can't be printed here, or I'd violate the rules about excessive profanity.

 

 

 

Looks like the screws are being tightened on another one of our liberties, boys and girls.

 

And I guess it's just a coincidence that this happened right after we elected a flaming Liberal for president, hmm?

 

I wonder what's next.....

 

Wow... Man, they could have nailed me on this front I guess... I fear the end is near. Well, it's already gone by for me, but even for the guys that DO have the equipment and are club members. Sigh.

 

I'm hiding underground for the 4th. Grumble.

[Swede]

I looked into getting licensed, but I don't have the physical space, otherwise, I'd have a magazine and a pretty piece of ATFE paper right now. As it is, I don't store anyhow, because what shoots I do are very small and for immediate family and friends, but I was hoping to go bigger soon.

 

I cannot adequately express my outrage at yet another chipping away at our freedom here. What ever happened to personal responsibility? I want to go back 100 years, to the time when you could buy dynamite at the hardware store. I don't want to hurt anyone, I just like pyrotechnics.

 

The binary targets like Tannerite have the correct idea. Shippable and transportable, then made and fired on-site. If only an aerial shell was as simple as Tannerite. This makes me want to drive around with some Tannerite, find a shooting site, and touch off a few.

[NightHawkInLight]

The binary targets like Tannerite have the correct idea. Shippable and transportable, then made and fired on-site. If only an aerial shell was as simple as Tannerite. This makes me want to drive around with some Tannerite, find a shooting site, and touch off a few.

Well HE's are still legal on your own property so long as you're not storing them. Though I'm not sure about the fine detail regulation such as property size, what they can't be used for...On and on it goes. I just want to be able to use my fireworks. Anyone want to go in on a remote island purchase? I'll train the monkeys to roll stars in coconut shells.

[Richtee]

Well HE's are still legal on your own property so long as you're not storing them. Though I'm not sure about the fine detail regulation such as property size, what they can't be used for...On and on it goes. I just want to be able to use my fireworks. Anyone want to go in on a remote island purchase? I'll train the monkeys to roll stars in coconut shells.

Hehehe... if times were worth a shit... I'd consider that! Damn it's tough. And the law busting our balls. Sommabitch.

[RUUUUUN]

)*(&^*%^&$!!!!! I am actually quite surprised that we are allowed to make any devices on our OWN property after He-who-must-not-be-named was elected into office! So, while I am irate at the liberties being slowely pried from my fingers, I am relieved that we are still allowed to practice home chemistry, pyrotechnic or otherwise..

 

Per chance did anyone else notice this??

 

Arson and Explosives Division Explosives Industry Branch Programs Chief Gary Bangs

 

Either that name is an alias or the irony is so thick you couldn't cut through with a 20GW mazer!

[Mumbles]

Ironic as it is, that's his real name.

[Swede]

Anyone want to go in on a remote island purchase? I'll train the monkeys to roll stars in coconut shells.

 

I'm on board, brother. We'll get those monkeys diapering flash in no time, for a few bananas. Until PETA gets involved... or Greenpeace.

[RUUUUUN]

PETA: you are forcing those monkeys to mix excessively dangerous HIGH EXPLOSIVE powders with NEWSPAPER of all things!!!!

 

ME: well... I've got a ground wire... what more do you want???? and to the accusation of forcing; I give them a banana and its "Monkey see monkey do, monkey mix de flash for you....."

 

Where is this island going to be located? Hopefully not in the pacific, all the nuclear ICBMs being detonated over the pacific as they leave korean airspace will reek havoc with my electrophysics experiments, I really dont want to build aluminum foil faraday cages around everything(shiny side out of course)!!!

[psyco_1322]

They said you could have won Grand Master last year with a hand full of smoke bombs. I'm afraid that this year will only require one smoke bomb and maybe a sparkler... if it has time to dry. This is going to kill competition, but I guess there won't be any random old guys pulling uber pwnage fireworks from no where and winning GM with them.