Hobby Pyrotechnics in a Regulated Environment

[BJV]

I think everyone needs to read this.

BJV,

 

ATF EXPLOSIVES Industry Newsletter December 2011

 

When the Federal explosives laws and regulations were first promulgated in 1971, an individual could purchase explosive materials in their State of residence without a Federal explosives license or permit, and a purchaser could receive fireworks and other explosives from a distributor by filling out a form. However, the increased use of explosive materials in criminal and terrorist activities led to changes in the Federal explosives law and regulations.

Protecting the public from hazards arising from the misuse or accidental initiation of explosive materials is an integral part of ATF's mission. We require strict adherence to the regulations to ensure the safety, security, and accountability of explosive materials and to aid in criminal investigations. But ATF is also committed to minimizing the burden to commercial and hobby operations, provided appropriate safety and security levels are maintained.

While the volume of explosives used by pyrotechnics hobbyists is relatively low compared to that used by the commercial industry, the materials used in even small fireworks operations can be very dangerous if they fall into the wrong hands. Security is every bit as important for fireworks as it is for other explosives. Further, the manufacture of flash powder, fireworks shells, and other explosive devices are tasks for skilled and experienced operators.

There is no question of the need for proper training and procedures for individuals in pyrotechnics operations. ATF recognizes that most hobbyists accept these responsibilities and qualification requirements proudly. We also believe that along with this status comes the responsibility to step into a more prominent role as explosives industry members with respect to public safety and regulations. Many pyrotechnics hobbyists do not see themselves as fully-fledged members of the regulated industry. ATF urges hobbyists to consider their activities from this perspective.

ATF believes that a Federal explosives permit is often appropriate for even hobby operators with limited operations. A permit costs $100 for 3 years ($50 for renewals) and allows a person to purchase and transport fireworks and component materials. (Commercial transport requires compliance with U.S. Department of Transportation requirements, regardless of ATF permit status.)

Storage requirements for permittees are the same as for non-permitted individuals. Although everyone has long been required to properly store their explosive materials, the Safe Explosives Act requires that ATF inspect each permittee's storage. ATF investigators are professional and courteous, and will make every effort to assist you with your questions and any issues that arise with your operations. Some hobbyists may need to upgrade or replace magazines. ATF recognizes that hobbyists may operate on a strict budget and will consider variance requests for alternate magazine construction if the proposed construction affords security and protection that are substantially equivalent to those prescribed by Federal explosives law and regulations.

[NightHawkInLight]

When I first see anything new from the ATF my heart sinks. After looking this newsletter over completely though I'm encouraged that the ATF acknowledges and speaks directly to hobbyists and recognizes them as legitimate even without a permit or license (though they obviously urge them to obtain one). That gives me some hope that as new regulation is eventually drafted that someone over there will remember that legitimate hobbyists exist, and not just as toothless hobos that like blowing up stumps. This looks to me like it's more or less a public service announcement, I don't see anything that indicates a change in regulation or interpretation. Am I missing anything?

 

 

Edit: Here's a link to the full newsletter by the way: http://www.atf.gov/publications/newsletters/fel/fel-newsletter-2011-12.pdf

Edited February 1, 2012 by NightHawkInLight

[nater]

For everyone who appreciatea this tone from the ATF, I would strongly urge you to join the PGI. The ATF and representatives from the PGI have been holding meetings regarding the concern of hobbiests from both perspectives.

[asilentbob]

I am thankful that the PGI and ATF get along well. I think there is a good system of communication there.

 

However, the increased use of explosive materials in criminal and terrorist activities led to changes in the Federal explosives law and regulations.

Is it actually an increased use? Or does it simply seem like that because we are bombarded (pun intended) by more news now than ever before? Especially more news from over seas... Does it actually happen more often? Or do we just actually hear about it more often now, when in the past the news might not have reached us? I'm curious about this.

 

Many pyrotechnics hobbyists do not see themselves as fully-fledged members of the regulated industry. ATF urges hobbyists to consider their activities from this perspective.

"Industry" implies profit motivations, but the pyrotechnic hobbyist usually has no desire to profit and simply wishes to amuse their self, friends, and family. I do think its helpful to look at the safety precautions and practices some factories have in place and think about how they can be assimilated by a hobbyist.

[Potassiumchlorate]

There are probably more crimes with explosives (and guns) nowadays, yes.

 

Though the fact that there were less crimes, here in Europe too, back when a 10 year old could buy a kilo of dynamite and a pistol on his own, shows that the legislation isn't the problem. The problem is - surprise, surprise - society.

[NightHawkInLight]

Whether there are more or less explosive related crimes today than in the past or not I'm not sure. I doubt there are. It's just that absolutely every incident involving explosives is publicized. It just makes higher rated news when a bomb kills half a dozen people than when two or three times as many are hospitalized from a highway pileup. Everyone gets all up in arms when they hear that an explosive is readily available because they've been trained to think such a thing could cause the end of the world. Nobody in the public eye has ever stopped to remind people that terrorists could continue bombing at the same rate they always have been and it would be more likely for you to be stabbed, raped, murdered, and have your corpse struck my lightning on consecutive days than be killed by an act of terrorism.

[Peret]

Is it actually an increased use? Or does it simply seem like that because we are bombarded (pun intended) by more news now than ever before? Especially more news from over seas... Does it actually happen more often? Or do we just actually hear about it more often now, when in the past the news might not have reached us? I'm curious about this.

I read that as referring to the situation in 1971 when the ATF was established, not as that it's increasing lately. Compared with the 1990s, we've been practically explosion-free in the USA this decade. The whole memo looks to me as if it was written with the attitude, "Look guys, we know you're no trouble and nothing to worry about, but not everyone in government shares that view, so please consider getting a license so we can show our bosses we're doing our job and nothing needs to change". Mike Swisher recently commented on Passfire that the ATF weren't enthusiastic about taking jurisdiction over fireworks, and it could probably have been avoided altogether if the APA had been on its toes back in the day. If that's really the case, we're probably damn lucky the APA was asleep, otherwise they'd have given jurisdiction to the CPSC after 9/11 and we wouldn't exist.

[asilentbob]

Yeah I get that kinda vibe Peret. Thats interesting to know that about the APA. I really never got that much information about them. Looking at their page now, since they are completely industry it wouldn't be a stretch at all to believe that they don't want hobbyists around. Competition and such. Reminds me a bit about how in Texas one display company pulled strings to get laws in place to make it harder for small companies and hobbyists to survive. I can't remember the details though.

[Peret]

Reminds me a bit about how in Texas one display company pulled strings to get laws in place to make it harder for small companies and hobbyists to survive. I can't remember the details though.

 

That was also the case in Oregon, where the fire marshal (a FEMALE fire marshal) was alleged to have a strangely intimate relationship with one commercial firework company and everyone else got shut out, including amateurs. Not surprising really. Any woman who wants to be fire marshal has got to have a hidden agenda.

[Short5]

That was also the case in Oregon, where the fire marshal (a FEMALE fire marshal) was alleged to have a strangely intimate relationship with one commercial firework company and everyone else got shut out, including amateurs. Not surprising really. Any woman who wants to be fire marshal has got to have a hidden agenda.

Let me guess, you are single? I know lots of women in the fire department.

[warthog]

There are probably more crimes with explosives (and guns) nowadays, yes.

I disagree. In fact the FBI statistics on crime bear me out on this, at least here in the USA. Violent crime is at an all time low here.

 

 

Likely due to the increase in number of states allowing their citizens to carry loaded firearms for self protection.

[Potassiumchlorate]

Well, in Europe only cops and criminals carry firearms in public, so you can't really compare with the US.

[Peret]

Let me guess, you are single? I know lots of women in the fire department.

Happily married, Short5, to a woman who shares my pyrotechnic interests. I spoke of women who seek political appointments with the power to ban and regulate.

[warthog]

Well, in Europe only cops and criminals carry firearms in public, so you can't really compare with the US.

 

Maybe this is why your violent crime is so high? Then I am not here to argue such politics.

[Potassiumchlorate]

Maybe this is why your violent crime is so high? Then I am not here to argue such politics.

 

I'd guess so, yes. Though 80-90% of other Europeans probably don't share my opinions, otherwise we would have gun laws in favour of law-abiding citizens here too.

[CrackerJack]

Reminds me a bit about how in Texas one display company pulled strings to get laws in place to make it harder for small companies and hobbyists to survive. I can't remember the details though.

 

That would probably be Alpha Lee fireworks...it's a nightmare to get a mfg license in Texas due to them.

[JFeve81]

That would probably be Alpha Lee fireworks...it's a nightmare to get a mfg license in Texas due to them.

 

 

How much of a nightmare?

[marks265]

I betcha the feds and others are seeing higher sales in chems and supplies in the fireworks industry. Also more people logging into sites such as this may also be monitored by the g-men. Even the membership growth of regional clubs and the PGI I bet are a measure as well as the BATFE licensed membership. I'll go out on the slippery slope and ponder that the feds are realizing that we are legit and won't go away. I always wondered if the Firefox bust was a large scare tactic, but none of us went away. The way the economy is going I wouldn't mind the sales of anything right now if I was collecting taxes. In the end I am happy to see the BATFE using the word "hobbyist" in an inclusive way in their verbiage. I would like to see it in the orange book in a 2012 vintage.

 

Mark

 

[Nessalco]

ATF investigators are professional and courteous, and will make every effort to assist you with your questions and any issues that arise with your operations.

 

I declare Bravo Sierra on this statement.

 

I am an unlicensed hobbyist. A couple months ago I had questions about magazine construction. I contacted the ATF on several occasions, explained my situation, and asked my questions. In those discussions I found three types of agents - first were polite, courteous professionals who knew the specific regs related to fireworks and were familiar with agency policy. The second type were polite, courteous, professionals who didn't know the regs but were willing to stand corrected when shown specific documents. The third type were arrogant bungholes who didn't know the regs, didn't care to discuss the situation, and were threatening in both tone and specific statements. My experience was that for every agent of the first or second type, there was one of the third.

 

Now, in reading the ATF spiel, I don't see anything there that they didn't say to me directly - they encouraged me to get a permit - one fellow (polite, knowledgeable) told me I should get a permit so I could buy the "cool stuff."

 

Personally, I won't voluntary acquire an unnecessary license. I'm all for safety and security (I'm starting construction on my 500# magazine when the ground thaws - with all the proper construction permits in place), but I am acting in a legal manner, with no attempt to fly 'under the radar'. I have no desire to deal with an arrogant ATF bunghole at my home - and the odds seem pretty good that's what I'd get.

 

I work for a display company as well, and their big concern is that I *never* bring my product to a shoot, or remove any commercial product from a shoot for my use. They are quite happy with my unlicensed status, since I can't legally transport 1.3g product except in the course of my employment.

 

Kevin

Edited February 4, 2012 by Nessalco

[Nessalco]

Let me add - I was considering acquiring a permit, which is why I was so concerned about the specific details of magazine construction. The attitude of some of the agents I talked to ended that consideration.

 

Kevin

[NightHawkInLight]

They're just people like anyone else. There's good and bad. Just like the local police don't have the letter of the laws they enforce memorized neither do most ATF agents. That's something I'm not at all happy about, but it's reality. In my experience the investigators I have spoken with have been helpful overall. One had a pole up his backside until I revealed to him that according to the regulation I am fine to be building fireworks without a license, after which we were able to have a good discussion about what I had been calling about. I'm now licensed and the ATF giving me problems is the last of my concerns. The local fire marshal is the one that can screw with me.