Marshal Mo Hare, SASS #45984 Posted May 12, 2019 Share Posted May 12, 2019 A fellow saw some of my smokeless powders, I don’t know which ones. He said nitro powder, not legal now. Is that true. He floes seem to know his stuff, but I’ve heard a lot of BS, too. Link to comment Share on other sites More sharing options...
Subdeacon Joe Posted May 12, 2019 Share Posted May 12, 2019 This was all I could find about it: ATF Reclassifies Wetted Nitrocellulose as Explosive Materials Under Federal Laws Quote Washington, DC -(AmmoLand.com)- In an Explosives Industry Newsletter issued in June 2016, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) reclassified wetted nitrocellulose [also known as flash paper, flash cotton, guncotton, and flash string] 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-2015-10-23/pdf/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. New ATF Re-Classification Could Make Ammo More Scarce Quote The key component in modern smokeless gunpowder is nitrocellulose. This quick and efficient burning compound is the cornerstone upon which the various blends of gunpowder are built and without it the majority of ammunition you see on the wall at your local sporting goods store would disappear. Since time immemorial the ATF has held that wetted nitrocellulose (a mixture of the explosive compound and water or alcohol, designed to reduce the probability of explosion during shipping) destined for small arms ammunition manufacturing was not an explosive and therefore exempt from the usually onerous requirements of logging the material in a bound book (like firearms) and storing it in an approved explosives magazine. Until just a few weeks ago, that is, when the ATF threw all that out the window. From the Ammoland article: The June 2016 newsletter article [see image above] states that ATF was recently asked about the status of nitrocellulose under the federal explosives laws and regulations. The article notes that “Nitrocellulose explosive” is on ATF’s List of Explosive Materials and states ATF has determined that “nitrocellulose containing greater than 12.6 percent nitrogen is a high explosive under 27 C.F.R. Part 555.” The article indicates ATF is aware that the U.S. Department of Transportation may assign a nonexplosive classification to nitrocellulose when it has been wetted with water or alcohol, based, in part, on the diminished likelihood of explosion in a transportation accident. However, because nitrocellulose retains its explosive characteristics when the water or alcohol is removed, the wetted nitrocellulose remains a nitrocellulose explosive subject to all controls of the federal explosives laws. One of our readers summarized the impact about as succinctly as possible: This ruling effectively prohibits importation of double base smokeless powder for ammunition production and reloading. Almost all smokeless propellants (and black powder substitutes) exceed the 12.6% nitrogen content threshold set by BATFE. Low nitrogen (incompletely reacted) single base nitrocellulose powders are only made for the very slowest burning rate applications. The high nitrogen stuff is used for pistol, shotgun, and most rifle powders. International shipping regulations require wetting nitrocellulose powders to ensure safety during transport. The powders are then dried and packaged for retail sale domestically. This ruling will probably also end production of nail polish and most printing inks. Will screw up guitar production as well. It looks like this was one of those instances where the ATF and the ammunition manufacturers had come to something of a gentlemen’s agreement over the years, but someone finally asked the right question and the ATF saw the opportunity to significantly impact the availability of ammunition for American gun owners. The ATF’s stance that wetted nitrocellulose is an explosive is consistent with the law in the same way as restricting the availability of bananas due to their radioactivity. Seems as if that fellow may have misconstrued what federal law is. Now, you STATE laws, or local laws, may have something different to say. Link to comment Share on other sites More sharing options...
Pat Riot Posted May 12, 2019 Share Posted May 12, 2019 Chip...chip...chip...chipping away... Link to comment Share on other sites More sharing options...
Marshal Mo Hare, SASS #45984 Posted May 12, 2019 Author Share Posted May 12, 2019 So, I should look through my cache of powders and determine which are illegal? (and perhaps reload a few thousand rounds to rid myself of the hideous banned container) Link to comment Share on other sites More sharing options...
Subdeacon Joe Posted May 12, 2019 Share Posted May 12, 2019 Just now, Marshal Mo Hare, SASS #45984 said: So, I should look through my cache of powders and determine which are illegal? (and perhaps reload a few thousand rounds to rid myself of the hideous banned container) If I'm reading it correctly, this change deals with commercial transportation of powders, not ownership. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.