OLR Report 2013-R-0222 summarizes the laws on acquiring and possessing explosives.
Explosives are generally used by businesses for purposes such as mining and demolition. The federal and state laws governing these explosives address licensing and permitting, storage, transport, and recordkeeping.
The federal laws are generally enforced by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), with the U.S. Department of Transportation (DOT) regulating certain transportation methods. Specifically, ATF regulations prohibit, among other things, certain activities without a license, including manufacturing, selling, distributing, receiving, or transporting explosives. DOT regulations prohibit transporting any unapproved explosives.
State explosives laws are enforced by the Department of Construction Services (DCS) (CGS § 29-349), but local fire marshals may issue certain permits. DCS requires both a license and permit before transporting, using, procuring, manufacturing, selling, and storing explosives.
Under both federal and state law, licensees and permittees must (1) store explosives in a safe manner, including specific container requirements and storing them a minimum distance from certain structures and (2) maintain records, including tracking transactions and allowing certain government officials to inspect them.
Fireworks may contain explosives depending on the type. Federal regulations define fireworks into two general categories: (1) “consumer fireworks,” which are intended for use by the general public and (2) “display fireworks,” which are intended for commercial use. Only those who manufacture consumer fireworks must obtain an ATF license, while anyone engaging in the business of importing, manufacturing, dealing in, or receiving display fireworks needs an ATF license or permit. Except for sparklers and fountains, it is illegal to possess or use all types of fireworks in Connecticut (for more information on fireworks, see OLR Report 2012-R-0387).
Federal and state laws establish penalties for violating these provisions. Under state law, it is illegal for anyone to possess an explosive without a bill of sale or some other proof of its legal transfer. Violators may be fined up to $10,000, imprisoned up to 10 years, or both (CGS § 29-348).
For more information, read the full report.
