ROL NEWS--Missile Works Announces Type 4 Storage Magazine

What NFPA 1127 requirements?

4.19.2 Not more than 23 kg (50 lb) of net propellant weight

of high power rocket motors, motor reloading kits, or pyrotechnic

modules subject to the storage requirements of 27

CFR 55 shall be stored in a Type 3 or a Type 4 indoor magazine.

4.19.2.1 The indoor magazine shall be painted red, and the

top shall bear the following words in white letters at least

76 mm (3 in.) high:

EXPLOSIVES - KEEP FIRE AWAY

4.19.2.2 The indoor magazine shall not be located in residence.

4.19.2.3 The indoor magazine shall be permitted to be located

in a detached garage or outbuilding.

4.19.2.4 The indoor magazine shall be permitted to be located

in an attached garage in a single-family residence where

approved by the authority having jurisdiction and the Bureau

of Alcohol, Tobacco, and Firearms.

4.19.2.5 Pyrotechnic high power solid-propellant rocket motors,

motor reloading kits, modules, or any other solidpropellant

motor products that are exempt under 27 CFR 55

shall be stored in a recloseable, noncombustible container.

4.19.3 Large-quantity storage shall comply with both of the

following requirements:

(1) Quantities greater than 22.7 kg (50 lb) of net propellant

weight of high power rocket motors, motor reloading kits,

or pyrotechnic modules subject to the storage requirements

of 27 CFR 55 shall be stored in a Type 4 or greater

outdoor magazine.

(2) The Type 4 or greater magazine shall meet the distance

requirements in Table 4.19.3.

4.19.4 High power rocket motors, motor reloading kits, and

pyrotechnic modules shall be stored in accordance with all

applicable federal, state, and local laws, rules, regulations, statutes,

and ordinances.

4.19.5 A high power rocket motor shall not be stored with an

ignition element installed.

Chapter 5 High Power Rocket Motor User

Certification

5.1 Sales Only to Certified Users. A high power rocket motor

or motor reloading kit shall be sold to, shipped to, stored by,

and used only by certified users.

5.2 User Permit Requirements. Where required by 27 CFR

55, a "User of Low Explosives Permit" shall be obtained prior

to both of the following:

(1) Acquisition by a certified user of a high power solidpropellant

rocket motor(s) or motor reloading kit(s) in a

state other than that in which the user resides

(2) Transportation by a certified user of a high power solidpropellant

rocket motor(s) or motor reloading kit(s) to a

state other than that in which the user resides

5.3 Maintenance of Sales Records.

5.3.1 High power rocket motor manufacturers, distributors,

and sellers shall maintain a list of those certified users to

whom they have sold high power rocket motors or motor reloading

kits that includes the following information:

(1) Name and address of the purchaser

(2) Name and address of the national user organization that

has certified the user

(3) Type and number of high power solid-propellant rocket

motors or motor reloading kits sold to the certified user

(4) Date of sale and shipment of high power rocket motors or

motor reloading kits to the certified user

5.3.2 The manufacturer, distributor, or seller shall make

available, on request, the records specified in 5.3.1 to any law

enforcement person or the authority having jurisdiction.

Competing cites. Here's mine to eliminate yours:

From 27 CFR 55.11, "Propellant Actuated Device. Any tool or special mechanized device or gas generator system which is actuated by a propellant or which releases and directs work through a propellant charge."

This definition is what is referred to in 27 CFR 55.141(a)(8)

55.141 exemptions (a) (8) Gasoline, fertilizers, propellant actuated devices, or propellant actuated industrial tools manufactured, imported, or distributed for their intended purposes.

From this, it is commonly understood that as long as the PAD are manufactured, imported, or distributed for their intended purpose, they are exempt from treatment as explosives per 27 CFR and other laws. There is no size or volume limitation on what is exempted.

See

page 10 (page 62 of the "Orange Book")

1. Who must meet storage requirements? All persons who store explosive materials must store them in conformity with the provisions of Subpart K of the regulations, unless the person or the materials are exempt from regulation. [18 U.S.C. 842(j), 845; 27 CFR 55.29, 55.141, 55.164,

55.201(a)]

Note the reference to 55.141.

Makes sense.

Competing cites. Here's mine to eliminate yours:

From 27 CFR 55.11, "Propellant Actuated Device. Any tool or special mechanized device or gas generator system which is actuated by a propellant or which releases and directs work through a propellant charge."

This definition is what is referred to in 27 CFR 55.141(a)(8)

55.141 exemptions (a) (8) Gasoline, fertilizers, propellant actuated devices, or propellant actuated industrial tools manufactured, imported, or distributed for their intended purposes.

From this, it is commonly understood that as long as the PAD are manufactured, imported, or distributed for their intended purpose, they are exempt from treatment as explosives per 27 CFR and other laws. There is no size or volume limitation on what is exempted.

See

page 10 (page 62 of the "Orange Book")

1. Who must meet storage requirements? All persons who store explosive materials must store them in conformity with the provisions of Subpart K of the regulations, unless the person or the materials are exempt from regulation. [18 U.S.C. 842(j), 845; 27 CFR 55.29, 55.141, 55.164,

55.201(a)]

Note the reference to 55.141.

Competing cites. Here's mine to eliminate yours:

From 27 CFR 55.11, "Propellant Actuated Device. Any tool or special mechanized device or gas generator system which is actuated by a propellant or which releases and directs work through a propellant charge."

This definition is what is referred to in 27 CFR 55.141(a)(8)

55.141 exemptions (a) (8) Gasoline, fertilizers, propellant actuated devices, or propellant actuated industrial tools manufactured, imported, or distributed for their intended purposes.

From this, it is commonly understood that as long as the PAD are manufactured, imported, or distributed for their intended purpose, they are exempt from treatment as explosives per 27 CFR and other laws. There is no size or volume limitation on what is exempted.

See

page 10 (page 62 of the "Orange Book")

1. Who must meet storage requirements? All persons who store explosive materials must store them in conformity with the provisions of Subpart K of the regulations, unless the person or the materials are exempt from regulation. [18 U.S.C. 842(j), 845; 27 CFR 55.29, 55.141, 55.164,

55.201(a)]

Note the reference to 55.141.

Done.

Jerry

1127 references "high power rocket motors" ... 27 CFR 55.11 references PADs. High power rocket motors have to be stored in a Magazine, PADs don't. I use HPR motors, you use PADs. 27 CFR 55.11 is too gray for my taste.

Un gray me.

How is this NOT what you ilegally have in your magazine?

And now the million dollar question. How do you feel about disagreeing with the attorneys of BOTH NAR and TRA?

Just Jerry with hard law cites.

Greenlee has a portable storage chest Model 1636 that sells for about $190 that sure looks like a magazine to me.... can anyone comment on this chest for use as a magazine - I would spray the inside with rubberized traction spray or glue some 1/8" plywood inside. Comments? http://198.247.193.8/wwwroot/greenlee/storage.pdfMurray

27 CFR 555.141-a-8

I'd probably buy one myself if the ATF allowed them.

The ATF does not allow them as magazines because Greenlee puts a sticker on every one that says they are not for use with explosives. They are probably perfectly fine for explosives, but I'm sure Greenlee doesn't want the liability.

Greenlee boxes are so popular that an ATF agent would probably recognize one even if you stripped the decals and repainted it a different color.

Brian Elfert

MissileWorks has a Type 4 Indoor Storage Magazine for $250 at

but you can only use it legally to store non-exempt low explosives

- iz

Brian Elfert wrote:

per 27 CFR 555.141-a-8

I don't see that as any sort of requirement in the orange book. Have you asked DC for a clarification?

Joel. phx

Besides, they're too expensive. Modify a pistol safe.

Do you have a cite for the this?

Joel. phx

That just says it's an explosive exempt from regulation, not that it's not an explosive. Why would it be illegal to store an exempt explosive?

This has been cited before but I admit I do not have that particular cite on my site because a non-moron would not make it an issue.

Do you want to store apple pies in there too?

Jerry

Name calling instead of the truth. Finding that a little too frequent with your gang...

Joel. phx

=== NOTE DEFERENCE TO "REGULATIONS" (i.e. 27cfr555)

18usc40.842 Unlawful acts (j) It shall be unlawful for any person to store any explosive material in a manner not in conformity with regulations promulgated by the Secretary.

=== NOTE EXEMPTION:

27cfr555.141 Exemptions

(a) General. Except for the provisions of Secs. 555.180 and 555.181, this part does not apply to: (8) Gasoline, fertilizers, propellant actuated devices, or propellant actuated industrial tools manufactured, imported, or distributed for their intended purposes.

=== NOTE PENALTY FOR DISREGARDING EXEMPTION:

27cfr555.164 Unlawful storage.

Any person who stores any explosive material in a manner not in conformity with this part, shall be fined not more than $1,000 or imprisoned not more than one year, or both.

=== NOTE WHAT EXEMPTION IS FROM (RE: STORAGE):

27cfr555.202 Classes of explosive materials

For purposes of this part, there are three classes of explosive materials. These classes, together with the description of explosive materials comprising each class, are as follows: (b) Low explosives. Explosive materials which can be caused to deflagrate when confined.

27cfr555.203 Types of magazines

For purposes of this part, there are five types of magazines. These types, together with the classes of explosive materials, as defined in Sec. 555.202, which will be stored in them, are as follows: (d) Type 4 magazines. Magazines for the storage of low explosives, subject to the limitations prescribed by Secs. 555.206(b), 555.210(b), and 555.213.

references:

- iz

Joel Corwith wrote:

Iz, that cite doesn't say it is illegal to store non-explosives in an explosive magazine. It is unlawful to not store, and it is unlawful to not store correctly, and there are exemptions to explosive materials meaning the whole part does not apply. But it does not say anything about non-explosive use of a magazine. Indeed, the orange book mentioned something about containers. I think about all those fireworks magazines with racks of non-sparking wood which hold all that type 1 material in cardboard containers. Is that illegal?

Is it illegal for someone to purchase a metal box with locks which happens to meet the classification of a type 4 magazine and store all their ""flammables"" in it because they want to be cautious about fires around their motors? (spelled out JFJ)

Joel. phx

No, I'm more than happy to store my motors and blackpowder in a cardboard box next to the gas waterheater in the garage on a shelf over the lawn mower gasoline can under my plazma cutting table....

**It's unlawful to store any explosive material in a manner not in conformity with regulations. This part does not apply to PADs. So none of this part applies. It does not say you cannot store non or exempt explosives with explosives. **Penalty for incorrect storage of explosive material. None of this applies, we're exempt, right? ** So IF we were storing an exempt explosive, it might be a low explosive.

Nobody uses lined metal boxes to take motors to launches? If they're exempt from storage, is it legal or illegal to do so? What if the previous box owner had it inspected as a type 4 magazine?

Why, is your pie hole full?

Joel. phx

the restriction is against storing unregulated and exempt materials in a magazine. This applies to a magazine which is the registered storage location of materials pursuant to a permit (LEUP), and for which record keeping and imventories are a requirement

a magazine which is NOT the registered storage location of materials pursuant to a permit (LEUP) is just a container therefore is not subject to a content restriction other than that it CANNOT be used to store "permitted" (non-exempt low explosive) materials

I had a Q&A on this question from the atf.gov website, but I can't put my hands on it. I'll keep looking because it is important.

field agents generally insist that no materials be in a magazine other than that which the LEUP and associated records are required for, other than packaging and dividers

but then there have been reports that field agents have directed APCP in quantities < 62.5 g be put in acceptable storage by virtue of its presence on the explosives list. In these cases, the 62.5 g exemption applies only to permitting, not storage.

of course this last case was undoubtedly the interpretation of a local field office, most likely under pressure from the command chain (and in a fair state of confusion, I might add)

if you really want to see confusion, see this newsletter that publishes an affirmation of a 62.5 g exemption (that was never actually codified), with the constraints of NPRM 968 imposed before the Proposal of Rule Making was even made public. The ATF was saving here that what they would have liked to have done had they thought of it, but never actually did, was in fact always in effect and they were planning to entertain comments on the existing policy at some point in the future (i.e.; heralding NPRM 968)

they were scrambling in response to the lawsuit to create the illusion of having followed due process when in fact they had not. In this statement they ignore the PAD exemption and reaffirm APCP as an explosive

the ATF Explosives Industry Newsletter, August 2002 edition :

- iz

Joel Corwith wrote:

the ATF has explicitly stated that motors must be removed from the magazine for transport (again, I'm looking fot my Q&A on this, it was an early one - not what is on the atf.gov site today)

my speculation is that the container requirements for personal transport would be a DoT matter, but as it is not "for commerce" I believe there is no specific container or placarding requirement. But you would still have to observe flammable metarial restrictions where posted (e.g.; tunnels).

then, of course there is the issue of unattended storage at the launch site. This is also a subject of much debate, but my understanding of both the spirit and letter of the regs is that launchsite storage is a requirement for motors not in use (being prepped or launched). Others will argue that a box in your car is fine, but I don't see how that can satisfy the BATFE concerns regarding security from theft.

- iz