ATF News Letter 2004 Making Explosives

[displayfireworks1]

I was purging some of my old material and came across this ATF Newsletter from 2004. I noticed I had something circled. You have to figure the ATF took a lot of this licensing over in 2003. This all may have been a common issue at the time.
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Read: Manufacturing of Binary Explosives.
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[wingman]

Great reference material, even if from 2004. Is this still current or any amendments made since then? Thanks, Dave.

[displayfireworks1]

The part I have circled , last sentence. "or use the explosive material as part of a business operation" . Is the part the ATF tries to connect for an unlicensed person engaging in this activity. Notice I didn't say fireworks enthusiast. An extreme example cited to me by an ATF Inspector was , A farmer makes an explosive to blast open a well to get the well to produce water again. In turn the water provides nourishment to his cattle. He then takes the cattle to market to sell for profit.Even if he sold them for a loss of profit it would not matter. He is engaged in a business activity. Does he need an ATF license? The answer is yes.
If someone mixes something up to blow a hole in the yard for entertainment , do they need an ATF license? Probably not. If they video record the event and monetize it on YouTube , do they need a license. Probably yes. Either perspective the storage and transportation caveats come into play for both licensed or unlicensed.

[wingman]

Thanks for the further explanation. Much appreciated!

[Arclight]

The part I have circled , last sentence. "or use the explosive material as part of a business operation" . Is the part the ATF tries to connect for an unlicensed person engaging in this activity. Notice I didn't say fireworks enthusiast. An extreme example cited to me by an ATF Inspector was , A farmer makes an explosive to blast open a well to get the well to produce water again. In turn the water provides nourishment to his cattle. He then takes the cattle to market to sell for profit.Even if he sold them for a loss of profit it would not matter. He is engaged in a business activity. Does he need an ATF license? The answer is yes.
If someone mixes something up to blow a hole in the yard for entertainment , do they need an ATF license? Probably not. If they video record the event and monetize it on YouTube , do they need a license. Probably yes. Either perspective the storage and transportation caveats come into play for both licensed or unlicensed.

Dave,

I can confirm that ATF will give an explosives licensee a hard time if they see Kinepak, Helix, Texpak or other binary explosives in their magazine or on purchase records. While it's not illegal to have them, they will tell you to upgrade to a type 20: Manufacturer of High Explosives or get rid of them. This assumes there is some commercial connection that can be made, which there usually is.