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ATF Binary Exploding Targets ruling BATFE

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  • hermosabeach
    I need a LIFE!!
    • Feb 2009
    • 19132

    ATF Binary Exploding Targets ruling BATFE

    If you plan on using Tannerite, you might want to print a copy for your range bag....

    May 29, 2012
    Binary Exploding Targets
    Are a Blast -- And Regulated by BATFE

    (GunReports.com) -- ATF has recently received inquiries about the applicability of the Federal explosives law to binary exploding targets.

    However, when the binary components are combined, the resulting mixture is an explosive material regulated by ATF. Accordingly, all such exploding targets must be stored in an explosives storage magazine as prescribed in the applicable regulations, unless they are in the process of being used.
    Further, mixing the binary components together constitutes manufacturing explosives. Persons manufacturing explosives for their own personal, non-business use only (e.g., personal target practice) are not required to have a Federal explosives license or permit. However, individuals or companies must obtain a Federal explosives manufacturing license if they intend to engage in the business of manufacturing explosives for sale or distribution, or for their own business use. Such business uses include manufacturing binary targets for demonstration or product-testing purposes.
    Licensed manufacturers of exploding targets are subject to Federal record-keeping requirements and must comply with regulations concerning records of manufacture or acquisition, distribution, exportation, use, inventory and daily summaries of magazine transactions.
    In addition, a Federal explosives license or permit is required for the transport of explosive materials. Therefore, a person must obtain a Federal explosives license or permit if they mix binary exploding targets and subsequently transport them to a shooting range or to any other location.
    For further information, please contact the Explosives Industry Programs Branch at EIPB@ATF.gov or 202-648-7120.
    Rule 1- ALL GUNS ARE ALWAYS LOADED

    Rule 2 -NEVER LET THE MUZZLE COVER ANYTHING YOU ARE NOT PREPARED TO DESTROY (including your hands and legs)

    Rule 3 -KEEP YOUR FINGER OFF THE TRIGGER UNTIL YOUR SIGHTS ARE ON THE TARGET

    Rule 4 -BE SURE OF YOUR TARGET AND WHAT IS BEYOND IT
    (thanks to Jeff Cooper)
  • #2
    DVSmith
    Cantankerous old coot
    CGN Contributor - Lifetime
    • Dec 2007
    • 3702

    Thanks for posting that!

    Comment

    • #3
      tyrist
      Veteran Member
      • Jun 2007
      • 4564

      California state laws are far more restrictive than federal laws.

      Comment

      • #4
        BucDan
        Veteran Member
        • Dec 2011
        • 4062

        Wait... so it's ok to have the individual mixing chemicals, until you mix it, that's when it's a controlled item of BATFE? But are you still able to use it?

        Comment

        • #5
          stix213
          AKA: Joe Censored
          CGN Contributor - Lifetime
          • Apr 2009
          • 18998

          There are several threads discussing how this stuff is likely illegal under separate CA law.

          Comment

          • #6
            LBDamned
            I need a LIFE!!
            • Feb 2011
            • 19040

            Originally posted by BucDan
            Wait... so it's ok to have the individual mixing chemicals, until you mix it, that's when it's a controlled item of BATFE? But are you still able to use it?
            according to the verbiage in the post, yes.

            "when the binary components are combined, the resulting mixture is an explosive material regulated by ATF. Accordingly, all such exploding targets must be stored in an explosives storage magazine as prescribed in the applicable regulations, unless they are in the process of being used."

            I wouldn't consider it in CA... but I'm going to IA first week of July and I'm ordering Tannerite to be delivered to my cousin... he's on several thousand acres, so I doubt there will be any problems - but even if the Feds are hiding in the corn fields, it looks like we will be legal
            "Kamala is a radical leftist lunatic" ~ Donald J. Trump

            Comment

            • #7
              hermosabeach
              I need a LIFE!!
              • Feb 2009
              • 19132

              Passing a copy of the ATF / BATFE letter to curious onlookers while explaining that Tannerite has a very slow shock rate vs. other explosives might calm some nerves...

              And yes I know that CA has a weird set of laws...... in my home city even sparklers are verboten
              Rule 1- ALL GUNS ARE ALWAYS LOADED

              Rule 2 -NEVER LET THE MUZZLE COVER ANYTHING YOU ARE NOT PREPARED TO DESTROY (including your hands and legs)

              Rule 3 -KEEP YOUR FINGER OFF THE TRIGGER UNTIL YOUR SIGHTS ARE ON THE TARGET

              Rule 4 -BE SURE OF YOUR TARGET AND WHAT IS BEYOND IT
              (thanks to Jeff Cooper)

              Comment

              • #8
                wildhawker
                I need a LIFE!!
                • Nov 2008
                • 14150

                DO NOT PURCHASE, SELL, STORE, MIX OR USE TANNERITE IN CALIFORNIA.


                Is this clear enough?

                -Brandon
                Brandon Combs

                I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead.

                My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.

                Comment

                • #9
                  thedrickel
                  Calguns Addict
                  • Apr 2006
                  • 5566

                  Party pooper!
                  I hate people that are full of hate.

                  It's not illegal to tip for PPT!

                  Comment

                  • #10
                    wildhawker
                    I need a LIFE!!
                    • Nov 2008
                    • 14150

                    Originally posted by thedrickel
                    Party pooper!
                    I know, I know. I don't like being a wet blanket, either, but the Hotline calls and emails I get that we can't really help with...

                    -Brandon
                    Brandon Combs

                    I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead.

                    My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.

                    Comment

                    • #11
                      jlbflyboy172
                      Senior Member
                      • Feb 2007
                      • 625

                      According to the Tannerite web site, they haver spent endless amounts of funds proving the legality in court, proving legality in ALL FIFTY STATES.

                      I buy boxes of it at my local gun store.

                      Comment

                      • #12
                        monk
                        Veteran Member
                        • Jul 2011
                        • 4454

                        Originally posted by wildhawker
                        DO NOT PURCHASE, SELL, STORE, MIX OR USE TANNERITE IN CALIFORNIA.


                        Is this clear enough?

                        -Brandon
                        Damn, that sucks. That one tannerite stand at the crossroads of the west gunshow is gonna be disappointed.


                        NRA Member
                        SAF Member


                        A tyrant will always find a pretext for his tyranny.

                        Comment

                        • #13
                          CSACANNONEER
                          CGN/CGSSA Contributor - Lifetime
                          CGN Contributor - Lifetime
                          • Dec 2006
                          • 44093

                          Originally posted by jlbflyboy172
                          According to the Tannerite web site, they haver spent endless amounts of funds proving the legality in court, proving legality in ALL FIFTY STATES.

                          I buy boxes of it at my local gun store.
                          As long as you have the money for a lawyer and can take a few years off work, keep it up.
                          NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
                          California DOJ Certified Fingerprint Roller
                          Ventura County approved CCW Instructor
                          Utah CCW Instructor


                          Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

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                          KM6WLV

                          Comment

                          • #14
                            wildhawker
                            I need a LIFE!!
                            • Nov 2008
                            • 14150

                            Originally posted by jlbflyboy172
                            According to the Tannerite web site, they haver spent endless amounts of funds proving the legality in court, proving legality in ALL FIFTY STATES.

                            I buy boxes of it at my local gun store.
                            That's funny, because when our lawyer asked for any evidence they have that their products are approved by and/or lawful in California, all we got was crickets.

                            That's also what I got when I asked DOJ for any legal opinions they have ever written on Tannerite. (Read: there are none.)

                            And then there are the people who've been arrested and prosecuted for using it in California.

                            So, will Tannerite put up the $50-100k for your multi-felony criminal trial you'll probably lose?

                            -Brandon
                            Brandon Combs

                            I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead.

                            My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.

                            Comment

                            • #15
                              LBDamned
                              I need a LIFE!!
                              • Feb 2011
                              • 19040

                              Originally posted by wildhawker
                              DO NOT PURCHASE, SELL, STORE, MIX OR USE TANNERITE IN CALIFORNIA.


                              Is this clear enough?

                              -Brandon
                              I'm "purchasing" (online) in CA... but it's being shipped to IA - can't wait to shoot in a free state
                              "Kamala is a radical leftist lunatic" ~ Donald J. Trump

                              Comment

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