UhClem wrote:
Which regulations are you referring to? The BATFE certainly does not prohibit possession of explosives based on age. You can't get a permit to purchase unless you are 21 and you can't distribute to anyone under 21, but simple possession isn't prohibited. See 27 CFR 555.26(c)
My response:
Are you sure that you are looking at the latest version of 27 CFR 555?
Here's a portion of the updated version that appeared in the Federal register which can be viewed at:
https://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-6573.htm[/url]
[Federal Register: March 20, 2003 (Volume 68, Number 54)]
[Rules and Regulations]
[Page 13767-13793]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20mr03-18]
Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
27 CFR Part 555
Implementation of the Safe Explosives Act, Title XI, Subtitle C of
Public Law 107-296; Interim Final Rule
A. Section 555.26 (Prohibited Shipment, Transportation, Receipt,
Possession , or Distribution of Explosive Materials)
This section has also been amended to reflect the newly expanded categories of persons prohibited from shipping, transporting, receiving, and
possessing explosive materials. Newly added ``prohibited categories'' include illegal and nonimmigrant aliens, persons who have been discharged from the armed forces under dishonorable conditions,
and persons who have renounced their United States citizenship. Section 555.106 has been amended to reflect these new categories as well, in the context of persons to whom
distribution of explosive materials is prohibited.
§ 55.106 Certain prohibited distributions.
(a) A licensee shall not
distribute explosive
materials to any person not licensed or holding a
permit under this part, who the licensee knows or
has reason to believe does not reside in the State in
which the licensee's place of business is located.
This paragraph does not apply to the distribution of
explosive materials to a resident of a State
contiguous to the State in which the licensee's place
of business is located, if the requirements of §
55.105(c) are fully met.
(b) A licensee shall not distribute any explosive
materials to any person:
(1) Who the licensee knows is less than 21 years
of age;
(2) In any State where the purchase,
possession, or use by a person of explosive
materials would be in violation of any State law or
any published ordinance applicable at the place of
Subpart BDefinitions
§ 55.11 Meaning of terms.
distribute. To sell, issue, give, transfer, or
otherwise dispose of. The term does not include a
mere change of possession from a person to his
agent or employee in connection with the agency or
employment.
With that information as a backdrop, knowing that APCP is on the "list"(independent of the fact that it shouldn't be), that a Single Use or an assembled reloadable H class APCP motor contains in excess of 62.5 grams of propellant which meets the BATFE's definition of a regulated device, how can one legally give it to someone under the age of 21? That's right 21. In the days prior to SEA, one could possess explosive materials without a federal permit, but no longer. This is why the BATFE is trying to put the screws to sale of "Easy Access" reload kits.
On top of all this there could be local and state laws that could also come into play, further complicating the situation.
NAR does not promote activities which might subject a participant to legal action. Futhermore, if we condoned such activities, the organization itself could be placed at risk. As a result, we're treading very carefully with this program, while still offering the oppertiunites to the Jr. fliers. I agree, it won't be perfect but we'll do the best we can.
John
