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Legal concerns for US collectors

US-Subs

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I have not been posting much lately, Spring brought an increase in work and decrease in regional shows/ordnance availability, so less to talk about and time to talk about it. I'm still trying to look in every day or so, so don't consider me gone yet.

I was out east last week for work and had the chance to speak with a number of ordnance/explosives professionals, from the law enforcement side. I took the opportunity to try and find out what was the issue behind several rumors in regard to practice grenades, smoke grenades, 40mm flare rounds (IR and otherwise) etc.

It is complicated and difficult to explain, but let's take the military way and go BLUF, or put the "bottom line up front". In regard to live items, military smoke grenades are regulated as explosives, full stop. As are practice grenade fuzes, and all versions of military 40mm flares. Any other military items which contain any quantity of explosives or explosive material as defined within ATF regulations http://www.gpo.gov/fdsys/pkg/FR-2013-10-28/pdf/2013-25370.pdf are also regulated. As I understand the explanation, this means that to possess, use etc. you must have an explosives license/permit, and an approved magazine, etc. Quantity of items or quantity of material in the items is irrelevant. Regulated is regulated.

This does not apply to inert items, nor to (most) non-military law enforcement type items (teargas, smoke, 37mm, etc.) for which the manufacturers requested and received an exemption. For most persons in possession that are not attempting to sell my understanding is that they are normally being given a one time walk. You may lose the item, but are not likely to have serious legal issues. For some of the bigger fish that are selling via Gunbroker and other sites, they are getting visits and are being asked to give up their items, plus their sales lists. I was initially notified of this by an individual that I purchased from, telling me that he had given my name to ATF with a list of my purchases. Fair enough, he was complying with his local agents.


There are many folks out there that can explain this better than I, I am just the messenger with a weak understanding other than the end results. But you can visit the ATF site and with a little digging come to understand a couple of basic points on your own. First, this is not new. The level of enforcement may be at a lower level, but the test of the regulation has not changed in years, not much over decades. Second, this is not political. It does not matter who is in office, all agencies tend to use their budgets to fight the most urgent fires - from their perspective. Focus this year may be different from last year, due to circumstances that we do not always see from the cheap seats.

During my discussions with the agents no specific reason was given for the current focus, but folks living in the southwestern US border States can look at their own news feeds to see that issues once considered to belong to other countries have crossed the border, and are moving north with disturbing swiftness and violence. As usual (start debate here), much of the problem lays with some of our own people, happy to sell anything to anyone in order to make a buck.

http://www.foxnews.com/us/2014/08/16/hand-grenades-becoming-key-weapon-in-mexican-cartels-arsenals-say-authorities/
http://borderviolenceanalysis.typepad.com/mexicos_drug_war/weapons-trafficking/

Note that neither of these articles are brand new, but discussions from both Mexican National Police and US agencies indicate that things have worsened in the past couple of years and are not expected to improve. Note again, the folks that I spoke with did not offer or make these connections - but open source information in great abundance offers the suggestion of a clear connection.

Most of you are over 18 and can make your own decisions on how you want to deal with this information. But during our discussions I said that I would put this out into the collecting forum, in hopes that those affected would be aware and free to make informed decisions. Please visit the ATF web site and work your way though it for additional and more accurate information. My apologies for any of my own misunderstandings that I may have passed along. For now, I have some housecleaning to attend to.




 
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Jeff it is interesting you bring this issue up. The collector I did some work for last month (or so) contacted me Monday. He was just visited by the ATF and is in the middle of seeing all his flares, practice grenades (with their receptive fuzes) and a number of 40mm cannister, flare and CS rounds being taken away. They also took several .50 cal rounds API's and I guess he had a couple .50 spotter rounds for the 106 recoiless. He was also faced with a request from the same agents - where did he get many of his items? They were eluding that they could have been US government property. He did not comply and has taken all this to his lawyer. He also was requested to provide them with who told him his items were inert? To that he gave them my name, which I don't have a problem with. I have not heard from any law enforcement agency.

This collector is one of those types that has a lot of money, so he paid pretty good for most of his collection, a real collector I am not sure where that title comes in, but he does spend a lot of time researching each item and has a nice write up on each.

He is not the first person I have been hearing this from, a gentle man here in the St Louis area who sells alot at gun shows was recently contacted by ATF. In conversation with him he is under the impression this is just the first move by the government in response to an un-named threat. So I assume that might be related to the SW area you commented on. But to be honest, this person was always walking, if not stepping over that magic line when it came to various items he had and sold (like a practice 3.5 with live rocket motor - which is what brought the agents to his door).

Will be interesting to see where all this goes, I am waiting to hear from the last couple collectors I worked with to see how their legal issues are going. and as I can will let you know, more likely through email.

take care all
 
In the US law, there is a difference between an explosive and a destructive device. Not all explosives are destructive devices but most destructive devices are also explosives. In the simplest terms, if the item is designed to "explode" and contains a regulated explosive material, then it is most likely regulated as an explosive. If it has a pyrotechnic composition, a black powder ignition charge, an igniting fuze or items like that and it has not been designated for civilian use, then it's most likely a regulated item.

If it is not "wholly inert" and is a piece of military ordnance then it is also regulated under the Military Munitions Rule.

So, the best bet is to have everything in your collection, 100% inert.
 
"So, the best bet is to have everything in your collection, 100% inert."

Wow, who would have thought of that.
 
"So, the best bet is to have everything in your collection, 100% inert."

Wow, who would have thought of that.

Don't be too hard on our US cousins. Things are very different over there. Maybe their ATF is in catch up mode possibly following some terrorist intelligence.

Maybe it begs the question - how many people are killed by firearms in the USA every year - 30,000? And how many are killed by privately owned ordnance? I think I know where the bigger risk lies.

John
 
Jeff,

In your discussions with LE personnel, did anyone make any comment about foreign smoke grenades and flares that might be in U.S. collections? I can understand where they could assume that U.S. items belonged to the U.S. government, but this wouldn't apply to foreign materials unless they were purchased under contract for U.S. military use. Anyone have any ideas about the foreign stuff?

As far as the gentleman that had some 106mm recoilless spotter rounds, those projectiles have been for sale for years. I've seen them available at Cabellas! The API and API-T stuff is pretty commonplace too. Did anyone mention Tracer Ammo? I know it is illegal in some states, but it is available at gunshows all the time, and ATF is all over those shows. There used to be some type of rule about the quantity of energetic material in an item, and that small arms ammo was under that quantity making it exempt. Is anyone familiar with that info?
 
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John, etc,
sorry, been doing a lot of hours at work, missed a few posts on this thread.

John, in both of your paragraphs you are missing the point - no one made any comment about whether or not it was manufactured or belonged to the US Govt. The point was/is, whether or not it contains regulated material. The contention is, if it has material in it that is on the explosive list, it is regulated as explosive. ATF appears to be taking the position that it has always been regulated, whether they pursued it previously or not. Look at it like your local speed trap. Speed limit is 70, you can normally get away with 78, 79. Still illegal, but not strongly enforced, until something comes up that shifts priorities. Now you are getting ticketed for 72, 73 and complaining not that it is illegal, but that you were able to get away with it before.

More complicated and difficult to understand for me is the small arms issues. Sporting vs AP, 50 cal vs 30 cal, explosives in a projectile etc. - As I understood it, it used to be that you were allowed up to 1/4 ounce of explosive or incendiary material in a projectile, and that propellant quantity was not an issue. Using this rule, you were good up until most 20mm. As long as they did not have HE/HEI projectiles 25mm-30mm etc were fine, live cartridge or not. Now there is discussion on whether 50 cal AP/API/Spotter is a "sporting cartridge". We also have the Military Munitions Rule as mentioned by EODTEK above - "If it is not "wholly inert" and is a piece of military ordnance then it is also regulated under the Military Munitions Rule." This is a EPA rule that "identifies when conventional and chemical military munitions become a hazardous waste under the Resource Conservation and Recovery Act (RCRA), and that provides for the safe storage and transport of such waste."

While I applaud the ATF for being able to utilize a federal reulation intended to control the transport of hazardous waste to use against drug cartels and organized crime, it does seem a bit of a stretch of interpretation to use this against average citizens.


PZGR40 - DJ, sarcasm aside, 100% inert in this context is not about explosives and incendiaries or other materials that we have normally considered as a significant issue within the US. This potentially represents a significant change for US collectors, shooters and enthusiasts of all kinds. This is not The Netherlands, nor Europe (UK included) in general. Powder inside a case is not generally seen as a hazard here, regardless of quantity. The comparison could be made that, in example, I could have in storage 25lbs of bulk smokeless powder, 10 lbs of black powder and 15,000 rounds of small arms ammunition, all perfectly safe and legal. However my live 25mm TP round is considered illegal on the basis of a Federal Regulation intended to regulate the transportation of hazardous waste?

I'll be the first to agree that 100% inert is prefered whenever possible. And follow your local and National legislation. But whenever I have visitors to the Bombatorium, the first instruction that they receive on entry is that "there are no explosive or incendiary materials, but all items are not inert". I don't know of any US collections that are.




 
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