Flash powder. An explosive material intended to produce an audible report and a flash of light when ignited which includes but is not limited to oxidizers such as potassium chlorate or potassium perchlorate, and fuels such as sulfur or aluminum powder.
Theatrical flash powder is flash powder commercially manufactured in premeasured kits not exceeding 1 ounce in weight, and mixed immediately prior to use and intended for use in events such as theatrical shows, stage plays, band concerts, magic acts, thrill shows, and clown acts in circuses. A manufacturer’s license allows on-site manufacturers to operate nationally on one license issued to their principal place of business.[27 CFR 555.11: definitions of "flash powder" and "theatrical flash powder", 555.41(b)]
Black powder is an explosive material for purposes of federal explosives laws and regulations.However, the law exempts from regulation commercially manufactured black powder in quantities not exceeding 50 pounds (as well as 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 18 U.S.C. 921(a)(16) or in antique devices exempted from the term "destructive device" in 18 U.S.C. 921(a)(4).Regardless, persons engaged in the business of importing, manufacturing, or dealing in black powder in any quantity must have a federal explosives license, and comply with recordkeeping, storage and conduct of business requirements.[18 U.S.C. 841(c), 841(d), 845(a)(5); 27 CFR 555.11: definitions of "explosives" and "explosive materials", 555.141(b)]
Smokeless powders designed for use in small arms ammunition are exempt from regulation under 18 U.S.C. Chapter 40 and the regulations in 27 CFR Part 555. Packaging that readily identifies the smokeless powder as being designed for use in small arms ammunition may help in determining whether it is entitled to the exemption. Smokeless powder designed for use other than in small arms ammunition, and explosive products such as squibs, fireworks, theatrical special effects, or other articles that may contain smokeless powders, are regulated and must be stored pursuant to the regulations at 27 CFR 555, Subpart K – Storage.It should be noted that persons engaged in the business of importing or manufacturing smokeless powder designed for any use must have a Federal explosives license. Further, importers of smokeless powder designed for use in small arms ammunition must also possess an ATF firearms importers license (Type 08 or 11); must register with ATF under the provisions of the Arms Export Control Act; and must submit (to ATF) and receive an approved ATF Form 6 – part I (5330.3A), Application and Permit for Importation of Firearms Ammunition and Implements of War.
Generally, the importation, distribution, and storage of fireworks defined as consumer fireworks are exempted from the provisions of the federal explosives laws. However, because they contain pyrotechnic compositions classed by ATF as explosive materials, the manufacture of consumer fireworks requires a manufacturer’s license. In addition, pyrotechnic compositions used in the manufacture of consumer fireworks must be stored in accordance with regulations in 27 CFR Subpart K. Consumer fireworks are defined as "any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Product Safety Commission, as set forth in Title 16, Code of Federal Regulations, parts 1500 and 1507. Some small devices designed to produce audible effects are included, such as whistling devices, ground devices containing 50 mg or less of flash powder, and aerial devices containing 130 mg or less of flash powder. Consumer fireworks are classified as fireworks UN0336 and UN0337 by the U.S. Department of Transportation at 49 CFR 172.101. This term does not include fused set pieces containing components which together exceed 50 mg of salute powder."[27 CFR 555.11: definition of "consumer fireworks"; definition of "licensed manufacturer", 555.141(a)(7)]
Yes. Display fireworks include, but are not limited to, salutes containing more than 2 grains (130 mg) of flash powder, aerial shells containing more than 40 grams of pyrotechnic compositions (excluding the lift charge), and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks". These fireworks are classified as fireworks UN0333, UN0334, or UN0335 by regulations of the U.S. Department of Transportation at 49 CFR 172.101. Display fireworks also include fused set pieces containing components which together exceed 50 mg of salute powder. Any fireworks defined as “display fireworks” in 27 CFR 555.11 may be lawfully received or transported only by persons who hold a valid license or permit. No ATF license or permit is required to receive or transport “consumer fireworks” or “articles pyrotechnic”.[18 U.S.C. 842(a)(3); 27 CFR 555.26, 555.141(a)(7); 27 CFR 555.11: definition of "display fireworks"]
Fireworks process buildings include any buildings in which pyrotechnic compositions or explosives materials are mixed, pressed, finished, or assembled. Outdoor pyrotechnic mixing areas (e.g., areas used for mixing flash or black powder) are included in the definition of fireworks mixing buildings and are therefore considered “fireworks process buildings” which are subject to the distance and weight limitations addressed at 27 CFR §§ 555.222 and 555.223. Fireworks process buildings do not include plant warehouses, office buildings, or other buildings and areas in which no fireworks, pyrotechnic compositions, or explosive materials are processed or stored. Further, ATF has determined that open outdoor areas used for assembly operations other than mixing would not fall within the definition of “fireworks process buildings” because the term “area” is only used for defining “fireworks mixing building”. Keep in mind that all pyrotechnic mixing and assembling operations in process buildings must meet the aforementioned distance and weight limitations in §§ 555.222 and 555.223. [27 CFR 555.11: definition of “fireworks process building”]
Because black powder firearms are considered antique firearms, the possession of a black powder firearm by a person subject to federal firearms disabilities is not prohibited by the GCA. However, a person subject to federal firearms disabilities may not receive and/or possess black powder firearms that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof which are classified as "firearms." Additionally, state law may prohibit the possession of a black powder firearm by persons who are not federally prohibited from possessing them. Please contact your state's Attorney General’s Office for information regarding black powder firearms.[18 U.S.C. 921(a)(3) and (16); 27 CFR 478.11 and 478.141(d)]
No, assuming the antique firearm is not a replica designed or redesigned for using rimfire or conventional centerfire fixed ammunition. The antique firearm also cannot be a black powder muzzle loading weapon that incorporates a firearm frame or receiver, have been converted into a muzzle loading weapon, or uses fixed ammunition (or readily converted to do so).[18 U.S.C. 921(a)(3) and (16); 27 CFR 478.11 and 478.141(d)]
Yes. A license is required to import or manufacture ammunition. However, a license is not required to deal only in ammunition. Ammunition includes cartridge cases, primers, bullets or propellant powder designed for use in any firearm other than an antique firearm.[18 U.S.C. 921(a)(17), 922(a)(1)(B) and 923(a); 27 CFR 478.11]
If 50 pounds or less of commercially manufactured black powder is being purchased, and the powder is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms as defined in 18 U.S.C. 921(a)(16) or in antique devices exempt from the term "destructive device" in 18 U.S.C. 921(a)(4), no form is required. However, if the black powder is being purchased for any other purpose (regardless of quantity), the purchaser or other transferee must possess a federal explosives license or permit.[18 U.S.C. 845(a)(5); 18 U.S.C. 926(c); 27 CFR 555.141(b), 555.26(a)]
Yes. Generally igniter fuses, time fuses, blasting fuses, safety fuses, or other black powder fuses by whatever name known, must be stored in approved magazines. 3⁄32" and other external burning pyrotechnic hobby fuses are exempt from the requirements of Federal explosives laws and regulations only when designed for use in small arms. [18 U.S.C. 845(a)(4–5); 27 CFR 555.11: definition of “ammunition”, 555.141(a)(4), 555.141(b)]
(b) A nonlicensee or nonpermittee may import or bring into the United States commercially manufactured black powder in quantities not to exceed 50 pounds. Upon submitting to the customs officer completed ATF F 5400.3, certifying that the black powder is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms or in antique devices, black powder may be released from customs custody. The disposition of the executed ATF F 5400.3 will be in accordance with the ..
(7) A licensee or permittee disposing of surplus stock may sell or distribute commercially manufactured black powder in quantities of 50 pounds or less to a holder of a limited permit, nonlicensee, or nonpermittee if the black powder is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms as defined in 18 U.S.C. 921(a)(16), or in antique devices as exempted from the term “destructive device” in 18 U.S.C. 921(a)(4).
(a) General. No person, other than a licensee or permittee knowingly may transport, ship, cause to be transported, or receive any explosive materials: Provided, That the provisions of this paragraph (a) do not apply to the lawful purchase by a nonlicensee or nonpermittee of commercially manufactured black powder in quantities not to exceed 50 pounds, if the black powder is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms as defined in 18 U.S.C. 921(..
(a) High explosives. Explosive materials which can be caused to detonate by means of a blasting cap when unconfined, (for example, dynamite, flash powders, and bulk salutes).
Firearms.
A weapon, and all components and parts therefor, not over .50 caliber which will or is designed to or may be readily converted to expel a projectile by the action of an explosive, but shall not include BB and pellet guns, and muzzle loading (black powder) firearms (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) or firearms covered by Category I(a) established to have been manufactured in or before 1898.
(d) The provisions of this section do not apply to the purchase of commercially manufactured black powder in quantities not to exceed 50 pounds, intended to be used solely for sporting, recreational, or cultural purposes in antique firearms or in antique devices, if the requirements of § 555.105(a)(7) or (b)(7) are fully met.
|Net weight of fireworks [^1](Net weight is the weight of all pyrotechnic compositions, and explosive materials and fuse only.) (pounds)|Display fireworks [^2](The distances in this column apply only with natural or artificial barricades. If such barricades are not used, the distances must be doubled.) (feet)|Consumer fireworks [^3](While consumer fireworks or articles pyrotechnic in a finished state are not subject to regulation, explosive materials used to manufacture or assemble such firework..