BP storage risk and private sale

[dashootist]

My storage closet is close to the kitchen. I was wondering what would happen to five 1-pound jugs of black powder if my house catches on fire. I really only wanted to keep one jug, but the store would not sale less than five pounds. I think I want to sale 4 jugs locally. Is there any federal or state law against a private person from saling his oversupply of black powder?

 

[nalioth]

For one thing, we'll need your state of residence to answer your question.

There is no federal law against individual sales.

As far as a fire, the BP will just PFFFFFT!! when it gets hot enough (unless your jugs are super-strength pressure vessels).

 

[TomADC]

Dashootist

If we were close I'd buy it from you but face to face only.
Why not hang on to it store it in the garage or someplace else.

 

[dashootist]

I plan to buy a cap-n-ball revolver, but it will be used very sparingly. Five pounds of BP would last me several life time.

What about exploding powder keg that we see in Western's. I guess if I was a firefighter, I'd be worried about stuff like that.

I'm in Houston, Texas.

 

[mykeal]

There is no federal law against individual sales.

Yes, there is.

Title 27, Code of Federal Regulations, Subpart D Licenses and Permits, Paragraph 555.41 (b)(1)(i):

Each person intending to engage in business as an importer or manufacturer of, or a dealer in, explosive materials, including black powder, must, before commencing business, obtain the license required by this subpart for the business to be operated.

and Paragraph 555.41 (2):

Each person intending to engage in business as an explosive materials importer, manufacturer, or dealer must file an application, with the required fee (see § 555.42), with ATF in accordance with the instructions on the form (see § 555.45). A license will, subject to law, entitle the licensee to transport, ship, and receive explosive materials in interstate or foreign commerce, and to engage in the business specified by the license, at the location described on the license.

The key phrase, of course is "engage in business". BATF is on record as stating that the act of selling powder is the same as "engaging in business"; this is true whether or not the seller makes a profit or a loss on the sale. The simple act of selling, any amount, is a violation of the above act. And bartering powder for hardware or services (anything of value) counts as selling.

 

[nalioth]

. . . and this is the same BATF that said "a shoestring is a machine gun", right?

They flip-flop on their interpretations more than a freshly landed fish does on the deck. . .

The law is unchanging, no matter what political will is providing the direction of "intepretations" of it.

 

[Ratdog68]

I'd secure it in an air/water tight containers and bury 'em in the backyard. Each lb. separately... and yer set to blast away for a while.

 

[Loyalist Dave]

As far as a fire, the BP will just PFFFFFT!!

WHAT???

Sorry, folks, but BP is the original explosive, and is termed these days as a "low exposive" after Afred Nobel came up with the "high explosive" TNT. Five pounds of BP spread in a 1/4 layer over lots of square feet "might" go pfffft, but five pounds in cans (or in a keg) will blow out the wall of the closet in which you currently store the product. It is very different than smokeless powder which burns unless contained in a cartridge, etc.

IF you have a fire, and you tell your local FD as they arrive that you have the stuff stored in the house, it will be up to their protocols to decide if they will fight the fire, or let it burn until the powder goes. If you don't tell them and they get injured when the powder goes up..., well the charges one will face will be based on the local, criminal laws. I'm guessing reckless endangement or perhaps wrongful death.

LD

 

[NCWanderer]

What is the highest temp. that BP can be safely stored?

 

[JNewell]

post deleted

 

[ClemBert]

Personally, if I sold excess powder it would only be face-to-face for cash...no paper trail.

BTW, is there any additional reason to be concerned about BP stored in 1lb metal cans versus having the following in your house when a fire breaks out?

1. 5 gallons of gasoline in a plastic container in the garage
2. 2 gas grill propane tanks in the garage
3. 25 gallons of gasoline in the car in the garage
4. Canisters of Coleman butane in the house
5. A few thousand rounds of ammo in the house

 

[Bluehawk]

BP does not go pfffft in a 1-pound can if ignited. It has been demonstrated at pyrotechnic conventions what happens when this occurs. It completly destroys an 8x10, wood-framed, plywood sheeted, shed!
Selling a couple of pounds of BP of your private stock is not considered engaged in the business of being a dealer. I've had experience with this when I had my FFL and spoken personally to the ATF.
It's similar to selling your own firearms...you are not engaged in the business just because you sell some of your private guns every once in awhile.

 

[scrat]

closet. Back of linen closet or bedroom closet on the floor in the back. Its naturally cool and dry. Of course the best place is in a powder storage container but when money is tight and you dont have the spot then a closet cool and dry.