Posted on 12/10/2002 11:35:19 PM PST by Myrddin
For Immediate Release
Contact: Jim Crandall
November 25, 2002
FY-03-02
Implementation Of the Safe Explosives Act,
Applying Stricter Controls
on The Purchase of Explosives in The
Continuing Fight Against Terrorism
Washington, DC - The Bureau of Alcohol, Tobacco and Firearms (ATF) announces that on November 25, 2002, President Bush signed new legislation that restricts the availability of explosives to felons and other persons prohibited from possessing explosives, strengthens licensing and permitting requirements, and aids in the fight against terrorism. This legislation, the Safe Explosives Act, amends Title XI of the Organized Crime Control Act of 1970.
Previously, a Federal permit to purchase explosive materials was necessary if a person wished to transport, ship, or receive explosives in interstate commerce. A permit, however, was not necessary if a person acquired and used explosives within his or her State of residence. 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.
The new legislation creates a new category of permit -- a "limited permit" -- designed for the intrastate purchaser who buys explosives infrequently and does not intend to transport or use the explosives interstate. This permit will allow the purchaser to receive explosive materials from an in-State explosives licensee or permittee on no more than six (6) occasions during the period of the permit. The permit will allow ATF to better monitor explosives commerce in an effort to enhance homeland security, but is designed to not be overly burdensome to legitimate purchasers. The limited permit is valid for one year and is renewable. ATF intends to set the application fee for the limited permit at $25.
The new legislation requires that all applicants for explosives licenses and permits submit photographs and fingerprints so that ATF can perform thorough background checks. The legislation also requires that all applicants submit the names and identifying information of all employees who will possess explosive materials. In this way, ATF can conduct a thorough background check to ensure that these individuals are not prohibited from receiving or possessing explosives. Under previous law, no background checks were conducted for the employees of businesses that used explosives. The business owners or managers were required to be on record with ATF; employees such as warehousemen and drivers were not. The new legislation enables ATF to systematically identify and conduct background checks on such employees to reduce the risk that prohibited persons will gain access to explosives.
The new legislation also expands the categories of prohibited persons to include: (1) aliens (with limited exceptions); (2) persons dishonorably discharged from the military; and (3) citizens of the United States who have renounced their citizenship. The new prohibitions on possession of explosive materials are effective January 24, 2003.
Finally, the new legislation will require manufacturers and importers of explosive materials, including ammonium nitrate, to furnish samples of these materials to ATF, as well as information on their chemical composition or other information ATF may request. This will assist ATF in the identification of explosives found at crime scenes. This provision will be effective January 24, 2003.
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).
For further information, including proposed regulations and specific questions and answers about the effect of the new law, check the ATF web site at: www.atf.treas.gov.
I wouldn't be surprised that there exists a definition that has nothing to do with the propagation rate. And it would even be partly right. The field of explosives has more technical misconceptions than probably any other field. And as Doctor Stochastic correctly pointed out, "The dividing line between high and low is tenuous" (at best).
The real technical difference has to with whether the reaction zone propagates at the same rate as the pressure wave (or shock wave) propagates. In a low explosive, the reaction zone is wide and slow and propagates at a slower rate (or behind) the leading edge of the "shock wave", thus creating a much broader (and therefore lower intensity) shock wave, more properly referred to in this case as a pressure wave.
But in a high explosive, the reaction zone and the shock wave are coincidental with one another, resulting in a very narrow, high intensity, shock wave. Moreover, as the pressure within the shock wave increases, it causes a commensurate increase in the temperature of the gases within that wave, which in turn, causes a proportionate increase in the local speed of sound. This is why a shock wave, which is actually just a "longitudinal compressional wave" (i.e., sound wave), can so greatly exceed the speed of sound. HMX, for example, can produce shock wave velocities nearing 30,000 feet per second due to this effect.
The net result is that relative propagation rates actually do play a key part in the definition between high and low explosives.
As to whether smokeless powder is a propellant rather than an explosive, the only classification that matters (to people who want to avoid jail) is the ATF classification. Click on the link in #91 and you will see it is classified as an explosive.
Regards,
--Boot Hill
The article specifically refers to "legislation".
What's a tax collection agency doing in the Justice department? Don't they know they just eliminated what little Constitutional justification that existed for the National Firearms Act? (Machine gun tax and regulation amougst other things)
Shouldn't that be "BATFE", a downgrading from a 4 letter (even though they claimed 3) to a 5 letter agency. And get this:
On the same day, a corresponding entity will be created to handle the regulatory and taxation aspects of the alcohol and tobacco industries. This will be known as the Tax and Trade Bureau (TTB), and will remain within the Treasury Department, where the current ATF and its predecessors have served honorably for some two hundred years.
Honorably? Gag me with a spoon!
"... the right of the people to keep and bear arms shall not be infringed". Having to get a permit to exercise a right is an infringment upon that right. What's next, a permit to publish a newspaper or a website?
First of all, the link is from the sponser, Senator Kohl's, website, and reflects the state of the bill as it moved out of committee, when it was it's own legislation, not as incorporated into the final Homeland Security Act. I would check the wording of the actual law, before coming to any conclutions Even if the law doesn't mention gunpowders and doesn't change the regulations on them, doesn't mean that the new BATFE won't change those regulations tomorrow.
Here is the definition of "explosives" for section 841, title 18 of the US code, which is the section affected by the new provisions, which don't seem to change any of the relavent definitions:
Except for the purposes of subsections (d), (e), (f), (g), (h), (i), and (j) of section 844 of this title, ''explosives'' means any chemical compound mixture, or device, the primary or common purpose of which is to function by explosion; the term includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and igniters. The Secretary shall publish and revise at least annually in the Federal Register a list of these and any additional explosives which he determines to be within the coverage of this chapter. For the purposes of subsections (d), (e), (f), (g), (h), and (i) of section 844 of this title, the term ''explosive'' is defined in subsection (j) of such section 844.
those subsections of 844 all concern actually using explosives in a criminal manner, but here is 844(j) containing that definition:
For the purposes of subsections (d), (e), (f), (g), (h), and (i) of this section and section 842(p), the term ''explosive'' means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuzes (other than electric circuit breakers), detonators, and other detonating agents, smokeless powders, other explosive or incendiary devices within the meaning of paragraph (5) of section 232 of this title, and any chemical compounds, mechanical mixture, or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound, mixture, or device or any part thereof may cause an explosion.
So it seems to me that the BATFE could change the defition in 841 to include smokeless powder anytime he wants, and black powder is already included in the definition even if the regulations concerning it are different. Smokeless powder is apparently only an explosive under the law if you commit a crime with it, but that could be changed without further legislation being needed. Thus Senator Kohl's explanation is at best disingenuous.
Of course you did, that portion of the law doesn't go into effect until May of next year, presumably to give them time to get the permit and permit application forms all printed up.
For some purposes under the law it is. Legal definitions and scientific/technical or even common ones, are often not the same. For example the National Firearms Act, the first federal gun control law, only concerns itself with some of what most people would consider a firearm, namely machine guns and short or short barrelled rifles and shotguns, along with some things that no one would normally consider a firearm, namely suppressors, but defines them all to *be* firearms for purposes of that law only.
There is another law---
"Public Law 93-639 (1975) allows nonlicensees/nonpermittees to purchase commercially manufactured black powder, in quantities of 50 pounds or less, solely fo sporting, recreational or cultural purposes for use in antique firearmes or antique devices outside of Federal controls...."
Source--ATF P 5400.7 (09/00)--Federal Explosives Law and Regulations [available within a few days by email order from BATF].
Title 18 sectin 844 subsection (j) United States Code. see my post above. However this only applies to the use of "explosives" in a crime, not to mere purchase or possession of them. This likely means if you get caught cheating on your taxes, and you had a can of smokeless powder in the room with you when you filled out the forms, your penalty can be increased. (Well, maybe).
Actually it does apply to blackpowder, but not in limited quantities and if it is to be used in small arms ammunition, including use in guns that don't use "ammunition", per se. Don't rely on what some policritter writes or says, check the actual law and set that against the current law, since these "acts" usually are incomprehensible without referance to what is being modified.
Section 844(j):
For the purposes of subsections (d), (e), (f), (g), (h), and (i) of this section and section 842(p), the term ''explosive'' means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuzes (other than electric circuit breakers), detonators, and other detonating agents, smokeless powders, other explosive or incendiary devices within the meaning of paragraph (5) of section 232 of this title, and any chemical compounds, mechanical mixture, or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound, mixture, or device or any part thereof may cause an explosion.
You'll also need to reference the existing U.S. code which can be found at the Legal Information Institute of Cornell University (among other places, but I've found this site to be fairly user friendly)
But Section 845 exempts small arms ammunition and components thereof [see post 82].
Actually I was a bit premature with this, section 845 exempts:
(4)small arms ammunition and components thereof;
(5) commercially manufactured black powder in quantities not to exceed fifty pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers, intended to be used solely for sporting, recreational, or cultural purposes in antique firearms as defined in section 921(a)(16) of title 18 of the United States Code, or in antique devices as exempted from the term ''destructive device'' in section 921(a)(4) of title 18 of the United States Code;.
And as far I've been able to figure out, the new law doesn't change these exemptions...but then again I'm not a lawyer, although my daughter and her fiancee are.
Wrong source. We'll need one that specializes in the supremacy clause.
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