ATF now requires explosives license (Safe Explosives Act)

http://www.atf.treas.gov ^ | 12/10/2002 | Bureau of Alcohol, Tobacco and Firearms

[Myrddin]

Now the federal government is going to charge you $25 for a license to buy gun powder. That is half the equation to gun control. You can only buy powder six times or less per year with this permit. Looks like I'll have to buy 8 lbs at a time instead of 1 lb containers. It's cheaper that way, but the kegs take more space. The time is now if you want to stock up on a bunch of 1 lb containers of various types.

[ppaul]

The new legislation now requires that any person who wishes to transport, ship, cause to be transported, or receive explosive materials in either interstate or intrastate commerce must first obtain a Federal permit issued by ATF. This requirement takes effect May 24, 2003.

Start stockin' up now!

[Moonman62]

It's about time the government started cracking down on law abiding citizens. That's how they always show how serious they are about fighting crime.

[Anotherpundit]

wait a second, what does this mean about buying ammunition online?

[Anotherpundit]

wait a second, what does this mean about buying ammunition online?

[Anotherpundit]

wait a second, what does this mean about buying ammunition online?

[HiTech RedNeck]

Yours courtesy of the cancerous commerce clause.

[Joe Hadenuf]

Additionally, on January 24, 2003, ATF will be moved to the Department of Justice and will be known as the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE).

[bybybill]

You are kidding me? GWB doesn`t want conviced felons to be able to gun powder? Thats not my America, every felon should be able to have as much gun powder as they want unless they aren`t Islamic.

Why,oh, why are we fighting this fight?

[Drammach]

As I am reading this directive, it seems to apply to those in COMMERCE.
That is to say, buyers, sellers, dealers, manufacturers.
It does not refer to Users, i.e., Black Powder enthusiasts, reloaders, etc.
Private individuals should not require a license unless they are reselling to someone else.

[Anotherpundit]

there are about a million hobbyists, black powder reloaders, etc., who could run into problems because of this. Many/most people who do any significant amount of target shooting either buy ammunition online or reload their own ammunition. Depending on the range of this, it could significantly hinder/harm the shooting sports community.

[Ouachita]

The Safe Explosives Act strikes a reasonable balance. Most large commercial users already have explosives permits because they engage in interstate explosives transport. These users would not be significantly affected by the Kohl-Hatch legislation. The low-volume users will be able to get a limited permit. And high volume intrastate purchasers who are running businesses that require explosives will be able to get an unlimited user permit. Also, the measure will not affect those who use black or smokeless powder for recreation, as the legislation does not change current regulations on those particular materials.

Link

[Drammach]

I should have added this copy from the original article.

The new legislation now requires that any person who wishes to transport, ship, cause to be transported, or receive explosive materials in either interstate or intrastate commerce must first obtain a Federal permit issued by ATF. This requirement takes effect May 24, 2003.

I'm not sure that purchase for private use is "engaging in commerce."
Commerce means You're running a business of some sort, doesn't it?

[Boot Hill]

This story presents several fundamentally important issues for conservatives.

The ATF says:   "The new legislation now requires that any person who wishes to transport, ship, cause to be transported, or receive explosive materials in either interstate or intrastate commerce must first obtain a Federal permit..."

While only a low explosive, gunpowder is nevertheless classified, both technically and legally, as an explosive and as such, this new legislation and permit process would cover the sale of ordinary gunpowder.

But this would amount to an unconstitutional violation of the Second Amendment, because the right to keep and bear arms includes the right to possess ammunition for those arms (whether store bought or reloaded). Any invasive permit process and record keeping by the government of purchases and purchasers of the gunpowder, necessary for reloading ammunition, would have a "chilling effect" upon the exercise of this most fundamental right.

I support the constitutional use of the Interstate Commerce Clause, but this legislation clearly and explicitly crosses the line into an unconstitutional broach of that power by seeking to legislate intrastate commerce. The Constitution gives Congress ZERO authority to legislate in an area that (even Congress admits) involves strictly intrastate commerce. There are nearly 200 years of Supreme Court decisions that affirm this clear limit on Congress' power. Each state already regulates sales of explosives and there is no reason to believe that their efforts are not an adequate deterrence to prevent future acts of terror that might result from such sales.

By signing this legislation, Bush blew it, big time. Does anybody know of a public interest law firm that specializes in Interstate Commerce Cases?

Good catch Myrddin.

Regards,

Boot Hill

[Boot Hill]

Drammach asks:   "Commerce means You're running a business of some sort, doesn't it?"

No, a private person engages in commerce when he buys a product, even if it for his own use. However the Constitution does NOT authorize Congress to legislate commerce that is entirely Intrastate in nature.

--Boot Hill

[backhoe]

FYI, FWIW, I posted your article for comment over here:

http://www.thefiringline.com/forums/showthread.php?s=&threadid=145003

The Firing Line > The Conference Center > General Discussion Forum > ATF now requires explosives license to buy gunpowder (Safe Explosives Act)

[rockfish59]

I don't reload anymore.
Better stock up guys 'n gals!

[FreedomPoster]

Bang!

Heads up.

[CWRWinger]

The problem is not the selling and transporting of explosive material, it's the incompetent judicial system which refuses to process criminals and punish them as criminals in a timely manner.

Bush has once again, chipped away at the foundation of this country for weak political expediency.

I will not be surprised if Bush turns on the Second Amendment, after the next election, of course.

[Spandau]

AFIK, smokeless powder is a propellant, not an explosive. I don't think this applies to reloaders.