ATF Points to Ponder #3 (Employee Possessor)

[displayfireworks1]

Up for discussion is privately held ATF Fireworks license and the employee possessor requirement. Do you have an opinion?
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https://www.youtube.com/watch?v=gSYp_1-S3-w
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http://www.acepyro.com/images/NofClearance.jpg

[Bazerk]

I have questions about the employee possessor thing in my case that maybe someone can answer. My storage magazine is on my cousins land. It happens to be 2 hours away from me and I dont want to have to drive there every weekend to inspect the magazine as required by the ATF. Do I add him to the "Responsible Persons List" in the application as an employee possessor so that he can do the weekly inspections? If so, what does he need to fill out aside from the items on this part of my application? I am so close that I can taste this license and I want to make sure all of my i's are dotted and t's are crossed. The metal for the magazine was ordered on Monday and will be on site this coming Monday. Once thats there, its going on the magazine and we will do the finishing touches and the application will be sent. I will keep you guys posted on the progression of that. For now, my issues are with paperwork.

[CTPYRO]

I don't believe there are weekly inspections to be honest. I work for a display company and the ATF comes once a year to the facilty. If you are using someone else's storage both of you will need to record keep everything going in and out if you need to store product. You need a spread sheet for disposition and one for aquisition

[Bazerk]

I don't believe there are weekly inspections to be honest. I work for a display company and the ATF comes once a year to the facilty. If you are using someone else's storage both of you will need to record keep everything going in and out if you need to store product. You need a spread sheet for disposition and one for aquisition

Its my magazine on his property. As far as the weekly inspections go, I figured they wouldnt be keeping tabs on that but it is listed as a rule in the documentation. Ill cite it when I fond it again. Its not an inspection of the contents, its an inspection of the structure itself to make sure no moisture is getting in, no rot, not overgrown by brush, grass, weeds or trees. That kind of crap. Its in his yard so regular maintenance of the area will be done anyways so I am not worried about a structure problem. I just need to know if he has to be a possessor to be "qualified" to do that inspection.

891891

[PyroJoeNEPA]

27CFR 555.204 "Any person storing explosives must inspect the magazines at least once every 7 days to determine whether there has been unauthorized entry or attempted entry into the magazines or unauthorized removal of the contents of the magazines."
I don't see any reason he could not do the weekly inspection for you if he is added on as a "responsible person".

[Bazerk]

27CFR 555.204 "Any person storing explosives must inspect the magazines at least once every 7 days to determine whether there has been unauthorized entry or attempted entry into the magazines or unauthorized removal of the contents of the magazines."
I don't see any reason he could not do the weekly inspection for you if he is added on as a "responsible person".

Yes, that is the information I was referring to, however, while you were typing this response, I was on the phone with the ATF asking about it. I was told by the agent that he wouldnt need to be listed as an employee possessor or a responsible person because he wouldnt need access to the magazine to determine whether or not it had been broken into. Great news for me and good info to know. I do want him to be able to access the magazine though in case he needs to for some reason or if there is ever a problem with the structure, he can access it to fix it. I asked him then if I should add him to the responsible persons list in the application and he said no because it will create a longer processing time due to the fact he would have to submit fingerprints and would require additional background check. He said to fill out the employee possessors form for him and everything will be easier and quicker. This guy, Tom, has turned out to be a really good dude and very helpful for me as far as answering questions and the ins and outs of this mess. I mean he just spent 33 minutes with me on the phone answering every question I threw at him. I understand that its their job to do that, but up until I met this guy I had a really hard time even getting a call back from anyone.

[displayfireworks1]

Employee possessors do not have to be fingerprinted. All he will have to do is complete the employee possessor paperwork. The ATF will background check him and clear him and let you know the results. But then again if he does not really work for you, technically it is wrong to add him as an employee possessor. It is a gray area. It is nice to hear the ATF Inspector told you all he just has to look for signs of break in and not enter the magazine. I would suggest you develop a weekly checklist for him to sign off. Example locks intact etc. The ATF is worried about theft of explosives, as I discuss in my video, they will review that with you so you understand you must immediately report a theft of your explosives. I know a company that had a magazine break in by some teenagers, next thing there are big booms all over the city. The company was guilty of not regularly checking their magazines for break in. The ATF was all over that. They take theft of explosives very serious. A documented weekly checklist will protect you.
Keep up the good work on that magazine and getting your 1.3 fireworks license, I appreciate you sharing your progress.