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BATFE and LEUP for Rocketry FAQ.

1. What is the deal with permits, ATF and rocketry?
Ammonium perchlorate composite motors (APCP) is on the official ATF list of explosives. It is classified as a “low explosive”. Consequently you need a “Low Explosives User’s Permit (LEUP) to possess a rocket motor using APCP. However, the ATF has exempted motors that use less than 62.5 grams of propellent from requiring a permit. All “H” impulse motors and above use more than 62.5 grams of propellent as well as some G impulse motors. If you are using solid motors of H or above, you will need a LEUP.

2. If I obtain my motor at a launch from an onsite dealer and fly it that day do I still need a LEUP?
Yes you do. Below is an excerpt from the applicable law that governs the use regulated explosive materials.

18 USC 842(a) It shall be unlawful for any person—

(3) other than a licensee or permittee knowingly—
(A) to transport, ship, cause to be transported, or receive any explosive materials; or
(B) to distribute explosive materials to any person other than a licensee or permittee;

(b) It shall be unlawful for any licensee or permittee to knowingly distribute any explosive materials to any person other than—
(1) a licensee;
(2) a holder of a user permit; or
(3) a holder of a limited permit who is a resident of the State where distribution is made and in which the premises of the transferor are located.

18 USC 844(a) Any person who—
(1) violates any of subsections (a) through (i) or (l) through (o) of section 842 shall be fined under this title, imprisoned for not more than 10 years, or both;

From the letter of the law if you do not have a LEUP and receive a regulated motor or reload at a launch, both you and the dealer have violated 18USC 842.

There is alot of misinformation on this subject often repeated through hear-say. Here is a link to the actual laws and codes applicable to the subject. http://www4.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18_10_I_20_40.html

3. What if the NAR/TRA lawsuit is successful will I still need a LEUP?
If NAR/TRA is successful in getting APCP removed from the explosives list, then motors containing APCP will no longer be regulated until the ATF writes another rule attempting to regulate them on some other basis.

However there are other materials that are popular in the hobby that are still regulated and will not be affected by the current NAR/TRA lawsuit. These include Black Powder, E-Matches and most recently igniters.

4. What is the process for getting a LEUP?
You must be at least 21 years old and complete an application which you must include a passport photo, get fingerprinted and indicate that you will have proper storage of your explosive material. The application cost $100 and last for 3 years. After that is will cost $50 to renew for another 3 years.

5. What is the proper storage that is required for getting a LEUP?
Your motors must be stored in a Type4 indoor or outdoor magazine in accordance with the “Orange Book” rules. The most troublesome rule is that a Type4 magazine must be located at least 75 feet from an inhabited building, road or railway. Type4 magazines cannot be located in an attached garage of a residence. If you can meet these and some other requirements you can directly apply for the LEUP.

If you cannot meet these storage requirements then you have two options, either obtain a storage variance or obtain contigency storage. The most common storage variance is getting permission to store rocket motors in a magazine located in your attached garage. This generally will require a letter of approval from your local fire marshall. Contingency storage is storing your materials in another permit holder’s magazine.