18 U.S.C. Chapter 40- IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF EXPLOSIVE MATERIALS

Section 841. Definitions

When is a manufacturers license required?

A manufacturers license is needed only by persons ENGAGED in the BUSINESS of MANUFACTURING explosives material for sale, distribution, or for business use. For example; persons ENGAGED in the BUSINESS of providing a blasting service using binaries or explosives of thier own manufacture would be required to have a manufacturers license. PERSONS WHO MANUFACTURE EXPLOSIVES FOR THIER PERSONAL, NON COMMERCIAL USE WOULD NOT NEED A MANUFACTURERS LICENSE. [27 CFR 55:11 definition of a "Manufacturer", 55:11]

For instance if you blasted stumps for other people you would need a Federal License. If you were doing it to your own stump on your own property no license is required.

Are binary explosives subject to regulation under Federal explosives laws?

A: Until the compunds are mixed, the are not classified as explosives and, therfore 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 manufacturer such explosives for the purpose of sale or distribution or for the persons 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."]

General Questions and Answers from 18 U.S.C. 40 Explosives Laws and Regulations:

2. To whom is the distribution of explosive materials by licensees prohibited?

A. Prohibited Persons: A licensee shall not knowingly distribute any explosive materials to any person who:

(1) Is under 21 years of age; (2) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year; (3) Is under indictment for a crime punishable by imprisonment for a term exceeding one year; (4) Is a fugitive from justice; (5) Is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); or (6) Has been adjudicated a mental defective. [18 U.S.C. 842(d)]

B. Other Unlawful Distributions: A licensee shall not knowingly distribute any explosive materials to any person who:

(1) The licensee knows or has reason to believe does not reside in the State in which the licensee's place of business is located (unless a "contiguous State" provision applies. [See Question # 4.]) [18 U.S.C. 842(b)(3)]; (2) Is in any State where the purchase, possession, or use of explosive materials would be in violation of any State law or any published ordinance applicable at the place of distribution [18 U.S.C. 842(e)]; (3) The licensee has reason to believe intends to transport the explosive materials into a State where the purchase, possession, or use of explosive materials is prohibited or which does not permit its residents to transport or ship explosive materials into the State or to receive explosive materials in the State [18 U.S.C. 842(c)]; Or, (4) The licensee has reasonable cause to believe intends to use the explosive materials for other than a lawful purpose. [55.106]