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ATF rule change reclassifies smokeless powder as explosive?

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Anyone else heard anything about this?

 

http://www.alloutdoor.com/2016/08/30/breaking-latest-atf-surprise-drive-ammo-prices-roof/

 

 

 

Manufacturers and importers of smokeless propellant have relied on ATF private letter rulings issued prior to 2016 stating that nitrocellulose wetted with water not less than 25 percent by mass is not subject to regulation under the federal explosives laws. Accordingly, the manufacturers have set up their logistics, storage and operations consistent with nitrocellulose not being regulated as an explosive. Manufacturers and importers may not have adequate storage facilities or record keeping systems to comply with the law. Licensed manufacturers also rely on private, unlicensed vendors to store wetted nitrocellulose in facilities that do not comply with storage requirements. A number of manufacturers also report an adverse impact on their contracts to supply smokeless propellant and finished rounds of ammunition to the Department of Defense.

 

Publication of the change in classification in an industry newsletter without advance notice has left manufacturers scrambling to determine what standards ATF will allow for alternate storage and record keeping and to obtain permits for unlicensed storage vendors. In the meantime, manufacturers and importers are violating federal law, as ATF allowed no grace period for coming into compliance. We note that ATF has authorized such periods in the past when changing agency positions. For example, see ATF’s November 12, 2010 Open Letter regarding explosive pest control devices.

 

ATF’s sudden and unexpected change in policy on wetted nitrocellulose will likely have a significant impact on industry’s ability to deliver products to the military and commercial markets. Industry members have relied on the exemption for wetted nitrocellulose for many years and are aware of no accidental detonations or diversion of this product into illicit channels. Consequently, it is unclear why ATF believed it necessary to change its policy and, more importantly, why ATF announced the change in a newsletter article with no advance notice to industry.

 

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Doesn't look good.  BATFE lost the first round with the 556 debackle, now their Obama doubling down for round two. This administration is getting desparate for meaningful gun control.  Call your reps in DC, if this stands we will own a lot of boat anchors.

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Reading comprehension is a thing.

 

Smokeless powder is explicitly excluded, this is a about a sub-component used in manufacturing. It affects how that gets shipped or stored, but not a product you and I buy. This may or may not affect the availability of smokeless powder, but not its classification.

 

Also a LOT of powder is now being made in other countries, specially the stuff most of us user, so it isn't relevant to that as it ships past the step described.

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Reading comprehension is a thing.

 

Smokeless powder is explicitly excluded, this is a about a sub-component used in manufacturing. It affects how that gets shipped or stored, but not a product you and I buy. This may or may not affect the availability of smokeless powder, but not its classification.

 

Also a LOT of powder is now being made in other countries, specially the stuff most of us user, so it isn't relevant to that as it ships past the step described.

Correct, it affects the manufacturing process. But when the cost to manufacture goes up due to compliance with the regulations who do you think will flip the bill? Increase in cost to serve directly results in the increase of retail prices.

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Relax

 

Firearms Industry Consulting Group

3 hrs ·

While we will publish a blog article regarding Nitrocellulose and ATF's June newsletter, in the interim, please be advised that ATF reversed itself through an addendum to the June newsletter. Accordingly, ammunition manufacturing is NOT being affected at all at the current time.

Rather, ATF acknowledged that "further consultation and consideration with the industry" is necessary and that it will "conduct further industry outreach concerning wetted Nitrocellulose."

More importantly, ATF stated "In the interim, previously authorized industry practices concerning wetted Nitrocellulose will not be affected"
https://www.atf.gov/…/explosive-industry-newslette…/download

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https://www.nraila.org/articles/20160831/atf-delays-any-changes-to-nitrocellulose-regulation

 

 

ATF Delays Any Changes to Nitrocellulose Regulation

 

Earlier this summer, ATF released an Explosives Industry Newsletter that changed the agency’s treatment of nitrocellulose, the primary component in smokeless powders used in modern ammunition. This change had the potential to seriously disrupt ammunition supply in the United States because it changed a long-standing ATF policy that exempted properly “wetted” nitrocellulose from treatment as an explosive under federal law.

NRA and industry raised these concerns to ATF and any change in ATF’s treatment of nitrocellulose is now officially delayed. In an addendum to the earlier newsletter, ATF announced that it “will conduct further industry outreach concerning wetted Nitrocellulose. In the interim, previously authorized industry practices concerning wetted Nitrocellulose will not be affected.”

While the addendum doesn’t indicate that ATF has permanently abandoned this change to nitrocellulose regulation, smokeless powder manufacturers will be permitted to continue normal operation, at least for the time being.  NRA will continue to work to ensure that any future change to nitrocellulose regulation will not affect ammunition supply.

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