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Equal Employment Opportunity Data Posted Pursuant
to the No Fear Act
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Safe Explosives
Act
Model
Rocket Hobbyist Information
March
3, 2003
On
November 25, 2002, President Bush signed new legislation that restricted the availability
of explosives, strengthened licensing and permitting requirements, and aided in
the fight against terrorism. This legislation, the Safe Explosives Act, amended
Title XI of the Organized Crime Control Act of 1970 (Title XI).
Model
rocket hobbyists have raised concerns about the effects of this law. Ammonium
Perchlorate Composite Propellant (APCP) is one of the most common propellants
used in rocket motors. Since 1971 APCP has been listed as an explosive on ATF's
annual list of explosives. The Safe Explosives Act does not change the long-standing
classification of APCP as an explosive.
In
an attempt to address the needs of sport rocketry hobbyists while still appropriately
protecting against the acquisition of explosive materials by terrorists and other
criminals who might misuse them, ATF has maintained a longstanding exemption for
sport rocket motors containing up to 62.5 grams of explosive propellant. This
exemption applies to the vast majority of rocket motors used by hobbyists. ATF
has never required a permit of any kind to acquire or possess a rocket motor containing
up to 62.5 grams of APCP, and this will not change under the expanded explosives
controls that have been set forth in the Safe Explosives Act of 2002. By notice
of proposed rulemaking, ATF is soliciting comment from the public on the continued
use of the 62.5-gram exemption threshold. See hotlink
to this notice.
The
new Safe Explosives Act permitting rules 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.
Prior
to amendment, persons under indictment for, or convicted of a felony, fugitives
from justice, unlawful users of or persons addicted to controlled substances,
and persons adjudicated as a mental defective or committed to a mental institution
were prohibited from receiving or possessing explosive materials. The Act added
aliens (other than permanent resident aliens and other excepted aliens), persons
dishonorably discharged from the military, and persons who have renounced their
U.S. citizenship to the list of prohibited persons. These provisions of the law
became effective on January 24, 2003.
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.
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