Legal Road to Explosives

[Knoxville]

I am currently living in Arkansas. I was in a local hardware store a couple of weeks ago and saw a guy asking about primer cord. I went home and called the store back asking if they sold explosives. They said yes, but you have to get a license. I asked for the phone number to inquire about this and they gave me the phone number of the ATF. I called and requested an application and received it in the mail the other day. Everything looks good to go, I shouldn't have any problems getting this. It is 100$ (could be 200$) for a Type 33 license, which is a high explosive user. That license would be an interstate license so I could use it in a few states. I am really interested in this due to the fact that I have small jobs I could do for people and make a little $$ on the side. I am from a primarily rural area in KS and trees/stumps are a big problem there. I could also blast rocks here in AR when someone is say building a fence or trying to dig a septic tank. Anyhow, I have a question on the Magazine to store the explosives in. Does anyone have something that tells the requirements of the magazine? I was thinking about 1/4" or 3/8" thick steel plate, but I'm just curious. I tried a search and didn't locate anything. I'm pretty sure I read somewhere that the person that built one lined the inside of it with plywood as well. My big questions are on the hinges, would a structure such as a cellar be sufficient. Where to get one approved and so on. The rest of the application is paperwork, and I have to get finger printed by the local police station, have the FBI do a background check, but it's not bad. Any advice?

[Bert]

You had better get a copy of the orange book and do your research THOROUGHLY before making your application to BATFE. All you know right now is that you like things that go bang- There is a large regulatory component to this business, and an oversight or mistake will put you out of business, in debt or in jail. Possibly all three.
http://www.atf.treas.gov/explarson/fedexplolaw/index.htm

There are guidelines in the orange book for magazines, and type designations. Learn them before you even talk to BATFE about your application. Additionally, there are magazine sighting and spacing requirements based on weights and types of explosives stored. You will need to show compliance these before your magazine is approved- And most licenses are contingent on having storage. You can submit a plan for ATFE's opinion before beginning construction.

Your best bet is probably a type II. 1/4" steel, 3" of hardwood lining. Hinges internal or welded so pins (and door) can't be removed. Two hooded locks or internal (mortise) locks with a minimum number of pins and minimum shackle thickness specified. Your caps need to be in a separate small magazine, likely welded to the exterior of your HE magazine.

Your next order of business will be your DOT compliance. CDL's with Hazmat endorsements, medical cards, drug testing pool for drivers. Insurance- $5 million liability for interstate transportation. Placards, DOT number, hazmat hauler registration, load securement methods, route planning, vehicle inspections- The list is long, complex, EXPENSIVE and not one you will likely just jump right into with no difficulties if you've never done the work before.
http://www.myregs.com/dotrspa/

You might do well to find a contractor who does the work and hire on until you've learned something about what the business entails. And BTW, being a commercial blaster is pretty much like any heavy construction job, with the added dimension of a few more ways to die. You'll have to decide if it's worth the rest of what this gig entails just to push the button or light the fuse-

[Chaosmark]

Keep in mind that starting your own blasting company is going to be insanely expensive, and as you start, you'll get even less of the already rare business because you're an unknown.

However, if you're just looking to blow some stuff up, I've already done the research on the Federal level, as well as on an extremely limited state level, here (http://www.roguesci.org/theforum/water-cooler/5324-federal-law-favors-us-once.html), but always check the state and local laws. Those are the ones that'll bite you in the arse. On the Fed level though, it's completely legal to make and use explosives on your land (or on someone else's with their permission), so long as it's not for commercial purposes.

Since you have to do it anyways, why don't you do the research for your area and post it up in that thread so we have a better idea of where it sucks to be an extreme landscape reorienter.

[PiSing]

Considering that the needs you express are simple, and for small quantities, you probably want to look at using just a portable / mobile indoor magazine for your storage needs. You can find the details at: http://www.atf.treas.gov/explarson/fedexplolaw/subpartk.pdf, SubSection 55.208 (b).
The requirements are much more modest than those noted above.
For example, it may be a small metal (12 ga) box with a non-sparking interior,
(spray-on bedliner works) with some specific details about the hinges and locks.
I had a welder friend make mine. (12" h x 12" w x 24" L)
Have someplace besides your house to store it, like a detached garage.
Distance tables do not apply to this type of magazine, but you can not store more than 50 pounds. (A case of Dynamite is 55 lbs.)

Before you go chasing a CDL with Hazmat endorsement, you may want to check out:
http://www.atf.treas.gov/explarson/fedexplolaw/qanda.pdf
particularly question 19 and question 30.
Please take Bert's advice and download the orange book. Read it cover to cover, it's not that big.
And heed Chaosmark's warning about checking out the state / local level;
my county has more stringent requirements than the feds do.

[pearlcrash911]

Hey, I just found the list of explosive materials that the government uses to define the word "explosive".

http://www.atf.treas.gov/pub/fire-explo_pub/listofexp.htm

The United States Code uses this document as well as the Code of Federal Regulations. If you were to follow the path of many manufacturers of designer drugs, you could find loop-holes in the law by making very slight changes to a popular explosive to make it legal.

Also state laws are very restrictive on explosives, but any reference to explosives in state codes always refer to the explosives defined in the ATF document.

I've found that according to this, it is technically legal to manufacture DADP. Instead of listing AP as Acetone Peroxide, they choose TATP, leaving DADP unclassified.

I was wondering if there were any other (less sensitive) explosives that was also unlisted on that page.

I'm not a lawyer so please correct me if I'm wrong

(sorry mega, when I searched for "loopholes" and "atf explosives list" nothing relevant came up)

[megalomania]

Thanks for your interest, pearlcrash911, but we have had the list of explosives on The Forum for many years, and we have already discussed the legal merits of loopholes. A search would have revealed this.