> Please don't comment on whether someone read an article. "Did you even read the article? It mentions that" can be shortened to "The article mentions that".
Feel free to check the law yourself if you’d like.
Seems fairly clear cut. You could argue the term "business" means they need to be selling the stuff, but the definitions clarify "manufacturing" includes for personal use.
edit it never occurred to me he may be licensed. Still, this particular explosive seems to have no approved use, and the licensing seems to be for specific explosives. I may be wrong on that though.
And it's Virginia, the Isle of Wight is a county in Virginia.
The dealer would be the one with the license.
Also, manufacturing and using on site for non-commercial purposes is exempted (albeit not explicitly). Which is why tannerite and personal explosives research is fine and widespread.
While I get some things are exempt like tannerite, I find it highly unlikely someone could just manufacture TNT or rdx and use it in their back yard without breaking a ton of laws.
Even if you used it within the 24 hour requirement so it didn't have to be stored(iirc from my memory of old legal readings)
Specifically, “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 under 27 CFR, Part 555”
The issue is the law is clearly written to regulate commercial activites, and the fed gov’t (at least in theory) only has jurisdiction over commercial activities (those involving trade). There is a lot of court precedent on this, some of it confusing. So while the law doesn’t explicitly exempt personal, non-business use, the courts (and constitution), and the law, doesn’t cover personal, non-business use either. So, legal.
also, there is zero chance they could stop it.
However, it may be that the suspect violated a different section of the law:
It shall be unlawful for any person to store any explosive material in a manner not in conformity with regulations promulgated by the Attorney General.
The suspect may also have violated the NFA, by manufacturing destructive devices without appropriate permitting or record keeping.
The definitions, which were on the previous page. https://www.law.cornell.edu/uscode/text/18/841
I'm not sure if we can take that to mean "engaged in the business of manufacturing" includes non-commercial activity.
it’s not explicitly called out in the law, like you’re noting. rather that personal, non-commercial use just isn’t covered by the law. So legal/exempt.
Other situations, like non-personal, non-commercial use are covered - distribution requires licensing even if not paid, same as import/export, doing business in explosives, etc.
Where some YouTubers and the like have gotten in trouble is when they start making money off what would otherwise be personal use (like showing videos of tannerite usage, or some other synthesis), but funny enough if they get demonitized and aren’t using it for some business purpose, they’re fine.
Though it would be helpful to know which state, because I don’t know of any that are quite that easy to deal with.
BATF to my knowledge does still require a license (albeit easy to get if you meet the requirements) for commercial use, anyway.