Permanent Residents And Tannerite: What's The Lawful Verdict?

In the United States, the sale and distribution of Tannerite is regulated at the state level. While it is not illegal to possess the components of Tannerite, it is illegal to combine them without a federal explosives license or permit. The Federal Bureau of Investigation has warned that Tannerite can be used for illicit purposes by criminals and extremists, and some states, including Maryland and California, have prohibited its purchase, use, or possession without an explosives license. In New York State, a 2020 law requires a permit for the purchase, ownership, possession, transportation, or use of binary explosives, including Tannerite. Individuals with a criminal record or who are under indictment may also be prohibited from possessing Tannerite or its components.

In the US, Tannerite is regulated at the state level

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) does not regulate the sale and distribution of the individual components of Tannerite. ATF regulations do not override other federal, state, or local regulations. Thus, persons mixing binary explosives should check with other federal agencies, state, and local law enforcement officials as there may be laws prohibiting the mixing, transportation, possession, or use of binary explosives.

Some states have proposed legislation to regulate the sale and distribution of Tannerite, including New York and Indiana. Maryland and California are the only states to have successfully passed laws prohibiting the purchase, use, or carriage of Tannerite without an explosives license. In California, certain jurisdictions interpret state law to restrict the use of these products. In Vermont, a person must have a fireworks permit to use Tannerite as it meets the definition of fireworks in the state.

In New York State, a 2020 law included binary explosives, including Tannerite, in the definition of "explosives" that require a permit for their purchase, ownership, possession, transportation, or use within the state. In Ohio, mixing the components of explosive targets, including "products sold under the name 'Tannerite'" without a permit, is a second-degree felony. In 2015, Tennessee declared exploding targets, including Tannerite, to be illegal in the state.

In California, it is illegal to possess or use Tannerite without an explosives license

In California, it is illegal to purchase, use, or carry Tannerite without an explosives license. This means that even if you are a lawful permanent resident of California, you cannot possess or use Tannerite without the appropriate license. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) advises that persons manufacturing explosives for their own personal, non-business use only (e.g. personal target practice) are not required to have a federal explosives license or permit. However, persons falling into certain categories are prohibited from possessing explosive materials, including non-citizens, unlawful drug users, and those convicted or indicted for serious crimes.

Additionally, there may be other federal, state, or local regulations that prohibit the mixing, transportation, possession, or use of binary explosives, so it is important to check with federal, state, and local law enforcement officials before handling Tannerite. For example, the transportation of explosive materials on public roads may be subject to regulations under the U.S. Department of Transportation (DOT). Furthermore, some states prohibit the use of exploding targets due to the fire hazards they present.

In summary, while Tannerite is sold as separate components that are not considered explosive on their own, the act of combining these components to form an explosive is regulated by laws on manufacturing explosives. In California, it is illegal to possess or use Tannerite without an explosives license, and there may be additional federal, state, or local regulations that prohibit or restrict the handling of such materials. Therefore, it is essential to consult with the appropriate authorities before purchasing, transporting, or using Tannerite.

In Vermont, a fireworks permit is required to use Tannerite

In the United States, the sale and distribution of Tannerite is regulated by 27 CFR 555, which covers license and permit requirements, records and reporting requirements, storage requirements, and sales and distribution. Tannerite is a brand of binary explosive targets used for firearms practice and sold in kit form. It is supplied as two separate components that are mixed by the user to create an explosive.

It is important to note that the regulations regarding Tannerite may vary from state to state in the US. For example, in New York State, a 2020 law requires a permit for the purchase, ownership, possession, transportation, or use of binary explosives, including Tannerite. In Ohio, mixing the components of explosive targets, including Tannerite, without a permit is considered a second-degree felony. On the other hand, the Bureau of Alcohol, Tobacco, Firearms and Explosives advises that persons manufacturing explosives for their own personal, non-business use are not required to have a federal explosives license or permit. However, a federal explosives license or permit is required to receive or transport mixed binary explosives.

The legal status of Tannerite and similar explosive materials is subject to change, and it is essential to stay informed about the laws and regulations in your specific state or locality. The consequences of misusing or illegally possessing Tannerite can be severe, and it is the responsibility of individuals to ensure they are complying with all applicable laws.

In Ohio, mixing the components of Tannerite without a permit is a second-degree felony

Tannerite is intended to be used for target practice because it produces a loud bang and puff of smoke when struck with a bullet traveling at least 2,000 feet per second. When large amounts of the chemicals are combined, the result is a powerful explosion. Tannerite is supplied as components, which are not themselves explosive. However, combining the components to form an explosive is regulated by laws on manufacturing explosives or fireworks.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) advises that persons manufacturing explosives for their personal non-business use only are not required to have a federal explosives license or permit. However, a federal explosives license or permit is required to receive or transport mixed binary explosives. Persons prohibited from possessing explosive materials may not possess mixed binary explosives.

In Ohio, the act of mixing the components of explosive targets, including products sold under the name "Tannerite", without a permit, can result in felony charges. The Ohio State Fire Marshal's Office has issued a legal opinion stating that shooting a commercially purchased or homemade exploding target in Ohio could result in felony charges. The key event that triggers the Ohio Fire Code is the combination of raw materials into a single mixture, creating sensitized ammonium nitrate (SAN), which is considered a dangerous ordnance. As such, it is a second-degree felony to manufacture SAN without a license or permit.

In New York, a permit is required for the purchase, possession, or use of Tannerite

Tannerite is an explosive made from two separate compounds: ammonium nitrate and aluminum powder. When combined, these chemicals can create a powerful and dangerous explosion. There have been several incidents in New York and across the United States where the use of Tannerite has resulted in injuries and even deaths. For example, in 2013, a group of friends target shooting in Busti, NY, intentionally exploded 18 pounds of Tannerite, creating an explosion that was heard for miles. Fortunately, no one was injured in that particular incident, but there have been other cases where people have suffered severe injuries or even death due to Tannerite explosions.

The New York State Assembly passed legislation to more heavily regulate the sale of Tannerite due to its potential for misuse and the danger it poses to the public. The legislation requires individuals to obtain a certificate similar to the one needed for other explosives before purchasing Tannerite in New York State. This law is designed to make it more difficult for criminals and terrorists to acquire Tannerite and to mitigate potential injuries and deaths associated with its explosion.

Violating this law can result in a class E felony and/or up to $2,500 in fines. The law also includes a provision for a $50 fee for the license to purchase, store, or use Tannerite. This fee is likely a small price to pay compared to the potential consequences of mishandling this dangerous explosive.

Frequently asked questions