4. Smoke Bombs and Smoke Grenades
ATF addressed smoke producing devices in an Explosives Industry Newsletter published in June 2013. In that article, ATF indicated that smoke bombs come in two forms, either as a smoke ball or a smoke candle. Smoke balls are cherry-sized spheres of clay or cardboard filled with a smoke-generating composition that produces a forceful jet of colored smoke for several seconds. A smoke candle, also called a smoke generator or smoke canister, is a cardboard tube, usually 1.5 inches in diameter and several inches long that resembles a large firecracker with a fuse. Smoke candles create a thick cloud of smoke for up to several minutes.
Smoke bombs are used for sewer inflow leak detection, obscurant for law enforcement applications, firefighter training, special effects, HVAC testing, truck and trailer leak detection, and smokescreens for paintball games. According to ATF, smoke bombs are typically initiated with an external fuse often used in the fireworks industry.
The 2013 newsletter article states that smoke bombs do not fit within the regulatory exemption for consumer fireworks because they do not meet the appropriate U.S. Department of Transportation UN classification or because of their intended use. The newsletter article states that a determination by ATF would be required to establish if a particular smoke producing device fits within the exemption.
The article also addresses smoke grenades, which are devices that release smoke when a pin is pulled. These devices are used by military personnel for signaling or as a screening device for troop movements. They are also used for law enforcement operations. ATF explains that smoke grenades emit much more smoke than smoke bombs and typically contain a fuze, which is used to initiate large explosive ammunition or grenades.
ATF explains that both fuses (chemical composition used for fireworks) and fuzes (mechanical initiation used for grenades and large ammunition) contain low explosives. Consequently, smoke bombs and smoke grenades are regulated under the federal explosives laws. However, ATF notes that certain signaling devices may be exempted from the regulations as Special Explosive Devices upon written request to ATF.
Based upon the ATF newsletter article, manufacturers and distributors of smoke bombs and smoke grenades must be licensed under the federal explosives laws. They must store explosive materials in magazines meeting the requirements of ATF’s storage regulations and keep records of acquisition and distribution of explosive materials. Manufacturers and distributors may lawfully distribute smoke bombs and smoke grenades only to persons who hold a federal explosives license or permit. See the discussion above, relating to diversionary devices, for applicable exemptions. Persons with questions about regulation of a particular product should contact ATF’s Explosives Industry Programs Branch to request a determination.
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