Legal
We are not lawyers and cannot certify that the information on this page is accurate or complete. For informational purposes only.
Last updated
We are not lawyers and cannot certify that the information on this page is accurate or complete. For informational purposes only.
Last updated
In accordance with , the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) annually publishes a list of explosive materials. The most recent Explosives List (at the time of writing) can be found here: .
With a few exceptions, items on the Explosives List have strict requirements on storage and handling, generally requiring a permit and approved magazine for storage.
. This means that APCP motors of any size are not subject to federal explosives regulations and storage requirements, although it is still encouraged to store APCP safely. Note the text:
Other rocketry-related items including, but not limited to, ammonium perchlorate explosive mixtures, igniters, squibs, safety fuses, regulated black powder rocket engines, black powder rocket motor components, and black powder not intended to be used solely for sporting, recreational, or cultural purposes in antique firearms or devices continue to be regulated under 18 U.S.C. Chapter 40 and 27 CFR Part 555. Therefore, a Federal explosives license or permit is required to manufacture, import, distribute, transport, or receive these materials. Recordkeeping and storage requirements also apply.
Black powder is found on the Explosives List.
From there are two important exemptions to the requirement that users of black powder maintain a Low Explosives User Permit and store black powder in an ATFE-approved magazine:
Model rocket motors that meet all of the following criteria [are exempt]—
i. Consist of ammonium perchlorate composite propellant, black powder, or other similar low ;
ii. Contain no more than 62.5 grams of total propellant weight; and
iii. Are designed as single-use motors or as reload kits capable of reloading no more than 62.5 grams of propellant into a reusable motor casing.
Smokeless powders are found on the Explosives List.
Smokeless powders designed for use in small arms ammunition are exempt from regulation under 18 U.S.C. Chapter 40 and the regulations in 27 CFR Part 555. Packaging that readily identifies the smokeless powder as being designed for use in small arms ammunition may help in determining whether it is entitled to the exemption. Smokeless powder designed for use other than in small arms ammunition, and explosive products such as squibs, fireworks, theatrical special effects, or other articles that may contain smokeless powders, are regulated and must be stored pursuant to the regulations at 27 CFR 555, Subpart K – Storage.
Storage guidelines found in the Orange Book are still useful as recommendations even if not legally required for APCP motors.
The DOT may separately regulate the transport of hazardous materials and explosives.
Chapter 6, Article 2, § 980 defines the following:
(3) Experimental High Power Rocket. Non-professional rockets which are propelled by commercially manufactured high-power solid propellant rocket motors. (4) Experimental High Power Rocket Motor. A State Fire Marshal approved, commercially manufactured rocket propulsion device containing a solid propellant charge wherein all the ingredients are pre-mixed and which produces more than 160 Newton-seconds (36 lb.-seconds) but shall not exceed 10,240 Newton-seconds (2302.2 lb.-seconds) of total impulse.
From Article 18, § 1031:
(a) All types of experimental high power rocket motors shall be submitted by a licensed experimental high power rocket motor manufacturer, importer/exporter, or wholesaler to the State Fire Marshal for classification. (b) All motors shall bear the State Fire Marshal seal and the registration number of the licensee. Classified motors contained within packages may have the State Fire Marshal seal and registration number on the package, provided that such packages are sealed.
and from Article 18, § 1033:
No person shall possess, receive, transport, store, or launch any experimental high power rocket motor without first securing a valid license as a Pyrotechnic Operator -Rockets First, Second, or Third Class from the State Fire Marshal. No person shall sell an experimental high power rocket motor to any person unless the seller possesses a valid license as a wholesaler or retailer under this chapter.
In California, a Pyrotechnic Operator license is needed to work with and launch rockets. A Class 3 license allows people to launch and supervise other people launching rockets powered by commercial high-powered solid rocket motors, assuming the other legal requirements are met.
Class 2 licenses allow the same rights as a Class 3 license, but also allow the holder to fabricate and launch rockets with an experimental solid motor.
Class 1 licenses allow all of the same rights and responsibilities as a Class 2 or Class 3, but also allow for the fabrication and flying of experimental solid and hybrid rocket motors as well.
While the National Fire Protection Association is a non-governmental non-profit with no legal authority of its own, many states refer to NFPA 1125 and 1127 in regulations on the manufacture of rocket motors and the flying of high power rockets. Additionally, NAR and TRA require knowledge of NFPA 1127 for Level 2 certification, and follow NFPA 1127 guidelines at launches.
Except for the provisions applicable to required to be licensed under subpart D, this part does not apply with respect to commercially manufactured black powder in quantities not to exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers, if the black powder is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms, as defined in (a)(16) or antique devices, as exempted from the term “destructive devices” in (a)(4).
Smokeless powders are more commonly available and often suggested as alternatives to black powder. However, :
The BATFE publishes a document titled "Publication of Federal Explosives Laws and Regulations", colloquially known as the "Orange Book". It is a valuable resource for permit holders and clarifies much of 27 CFR 555 in a fairly readable format. This document is generally considered the go-to source for clarification from the BATFE on explosives law, magazine requirements, etc. It can be downloaded here:
The Arms Export Control Act (AECA) regulates the "export" (including disclosure to foreign nationals living in the US) of certain technical data and technologies. The International Traffic in Arms Regulations (ITAR) are a set of federal regulations that implement the AECA, regulating items on the US Munitions List (see: , ).
We believe that any rocketry work we do outside of high power rocketry (as defined by NFPA 1127) is covered by the fundamental research exceptions to these regulations, following . Specifically, the EAR 15 CFR § 734.8 and ITAR 22 CFR § 120.11 define fundamental research, and both sets of regulations exempt such material from regulation.
Exports are also regulated by the . The EAR is closely related to the in the same way that ITAR is related to the US Munitions List.
We believe that any rocketry work we do outside of high power rocketry (as defined by NFPA 1127) is covered by the fundamental research exceptions to these regulations, following . Specifically, the EAR 15 CFR § 734.8 and ITAR 22 CFR § 120.11 define fundamental research, and both sets of regulations exempt such material from regulation.
An FAA waiver is required for most high power rocketry activities. Please refer to the NAR website for more information:
Title 19, Division 1, Chapter 6 governs "Fireworks", in this case including high power rocketry. See also Chapter 10, governing "Explosives".
The updated process is being documented here:
The following is out of date and mostly for reference only. This detailed write-up by a LUNAR member details the process of obtaining a CA Pyro III license for high power rocketry in 2003: .
Also refer to the LUNAR handbook for a step-by-step guide to becoming a licensed Pyro III through LUNAR: //
NFPA codes are generally behind a paywall, but linked here is a and a . Do NOT rely on these as more than informational reference material, as significant changes have likely been made since these documents were published.