View Full Version : Exemption for Municipality?

June 18th, 2009, 01:21 PM
I'm trying to find out if anyone is familiar with exemptions for municipalities (local governments, fire departments) regarding 1.3.

Here's the scenario:
Insurance requirements have been met.
I'm licensed to shoot 1.3 in MN.
Local fire department wants to have a display, but law states they need to have a MN operator to shoot it.
They want to purchase product and have me shoot it.

I had originally planned to do a 1.4 show. They want to add in some 1.3 (who wouldn't, right?) I do not have a type 54 so I can't help with purchasing 1.3. While I know (and have discussed) that we could have a display company purchase and deliver product, and I could be an employee and employee possessor, and I would still shoot the show, they think there is another option.

That option is to have them (fire dept or city) purchase the product. One of the fire department guys thought this is legal, though he didn't have a source for this. I was able to find a reference on the stumptownshooters FAQ (http://www.stumptownshooters.org/FAQ.htm) site that says:

If you purchase and shoot your show as a Federal or State political entity (ie: a City, Town, Municipal Fire Department, Municipal Police Department, etc.) then there are no big changes this year. The laws enforced by the BATF has always held Governing Entities EXEMPT from these requirements due to their Sovereignty . (You still must have the proper storage for the Pyrotechnic Devices!)

Looking at the Federal Explosives Law (http://www.atf.gov/pub/fire-explo_pub/xcomplete.htm) in the section entitled "GENERAL INFORMATION EFFECT OF TITLE XI ON THE FIREWORKS INDUSTRY"

With Respect to Fireworks .

Who Needs a Permit?

1. A person acquiring or transporting "special fireworks" interstate for his own use and not for resale. [Agencies of the United States or of any State or political subdivisions thereof are exempt from permit requirements.]

So maybe this is true? Is anyone familiar with this exemption?
I think they would have proper storage... or could arrange for delivery on the day of the shoot.

Anyhow, any input on this would be welcome.


June 18th, 2009, 03:24 PM
all i can say if your gonna do it you better get in gear.....most display items are spoken for at this time of year.....so stop draging your feet and get it done bro.

June 18th, 2009, 05:17 PM
The fire department, as long as they are a department of a political sub-division (part of a city or town government - not private fire company) can purchase 1.3 with no permit. All storage requirements are still in effect though.

June 18th, 2009, 06:07 PM
Page 43 in the orange book. Subpart H- Exemptions, 555.141(a)(3)

The transportation, shipment, receipt or importation of explosive materials for delivery to any agency of the United States, or to any State or its political subdivision.