"That refers to giving the explosive to someone. If Bob and Bubba make their own explosive, and offer to blow up the neighbor's stump for free, they aren't giving away the explosive, just a service. If they charge for their service, then they're a commercial operation and would be required to obtain a permit. "
Do not take this as being inflammatory, as I do not intend it to be. Out of curiosity, did you check regulations before posting this, or did you hear otherwise?
In the ATF Orange Book Q&A section, number 40, "40. Is a manufacturer's license required for agricultural use of binary explosives? No, as long as the user is not engaged in the business of manufacturing explosive materials. For example, if a farmer buys binary explosives for use in blowing tree stumps on his farm, he or she does not need a manufacturer's license. However, if the farmer uses binary explosives in a business of blasting stumps/rocks, etc., for other persons, he or she would be required to have a manufacturer's license. See also Questions 18, 36 and 37. [27 CFR 55.11: Definition of "manufacturer", 55.41(a)]"
18- "18. Are binary explosives subject to regulation under Federal explosives laws? Until the compounds are mixed, they are not classified as explosives and, therefore, are not subject to control. However, once mixed, binary explosives are considered to be "explosive materials" and are subject to all applicable Federal requirements. A person who regularly combines compounds of binary explosives to manufacture such explosives for the purpose of sale or distribution or for the person's own business use is a "manufacturer" of explosives materials and must be licensed as a manufacturer under the law. [18 U.S.C. 841(h); 27 CFR 55.11: definition of "manufacturer"]"
36 and 37- "36. When is a manufacturer's license required? A manufacturer's license is needed only by persons engaged in the business of manufacturing explosive materials for sale, distribution, or for business use. For example, persons engaged in the business of providing a blasting service using explosives of their own manufacture would be required to have a manufacturer's license. Persons who manufacture explosives for their personal, nonbusiness use would not need a manufacturer's license. [27 CFR 55.11: definition of "manufacturer", 55.41]
- What may a licensed explosives manufacturer do? Licensed manufacturers may engage in the business of manufacturing explosive materials for purposes of sale or distribution or for their own use. They may also engage in on-site manufacture. [27 CFR 55.11: definition of "manufacturer", 55.41(b)(2)] It is not necessary for a licensed manufacturer to also obtain a dealer's license to engage in business on his or her licensed premises as a dealer in explosive materials. [27 CFR 55.41(b)(3)]"
And the ATF definition of manufacturer- "Manufacturer. Any person engaged in the business of manufacturing explosive materials for purposes of sale or distribution or for his own use."
While a lot of this post is really not needed, my point is this: There definately not only seems to be an awful lot of confusion on what is/isn't legal with rocketry, in explosives regulations in general there seem to be an awful lot of varying accounts of what is go/no go. The ATF does not define "business". As such, I can not tell if that means for exchange of money, or the activity of doing so. My interp here may be wrong, but it seems Bob and Bubba could face some troubles for blowing a neighbor's stump.
Ben
PS- Everyone- can one thread be kept anti-inflammatory?